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HomeMy WebLinkAbout06-3911KUAN FANG CHENG : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW PHO PASTEUR FRENCH BAKERY AND RESTAURANT, INC., and VUONG : V. NGUYEN n DEFENDANTS NO. OL t V LL7kn 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KUAN FANG CHENG : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW PHO PASTEUR FRENCH BAKERY AND RESTAURANT, INC., and VUONG : V. NGUYEN DEFENDANTS : NO. U(. - 3 4 ?/ 1.. l U "" COMPLAINT AND NOW comes Plaintiff Kuan Fang Cheng, by and through his attorneys, Gerber Ferry and Tanner, and avers as follows: 1. Plaintiff Kuan Fang Cheng is an adult individual doing business at 2125 West Cumberland Street, Lebanon, Lebanon County, Pennsylvania. 2. Defendant Pho Pasteur French Bakery and Restaurant Inc. is a Pennsylvania Corporation doing business at 560 South 29th Street, Harrisburg, Dauphin County, Pennsylvania. 3. Defendant Vuong V. Nguyen is an adult individual believed to reside at 3608 Ridgeway Road, Harrisburg, Dauphin County, Pennsylvania. 4. On or about March 22, 2006, Plaintiff Kuan Fang Cheng (hereinafter "Cheng") and Defendant Pho Pasteur French Bakery and Restaurant Inc. (hereinafter "Pasteur") entered into a lease agreement for property located at 3421 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania (hereinafter "Premises"). A true and correct copy of the lease agreement is attached hereto as Exhibit A. 5. Defendant Vuong V. Nguyen (hereinafter "Nguyen") executed the lease agreement both on behalf of Pasteur and personally as a guarantor of the agreement. 6. On March 22, 2006, Nguyen issued and signed a check on Pasteur's account payable to Cheng in the amount of $19,500.00 pursuant to the lease agreement. A true and correct copy of the check is attached hereto as Exhibit B. 7. The check was intended to fund the security deposit of $13,000.00 and rent for the month of May 2006 in the amount of $6,500.00. 8. Defendants' check was returned by the bank for insufficient funds. 9. Defendant Pasteur took possession of the Premises on or before April 1, 2006. 10. On April 6, 2006, counsel for Plaintiff sent written notice to Nguyen that the check had been dishonored and that Pasteur was in default under the terms of the lease. A true and correct copy of the April 6, 2006 letter is attached as Exhibit C. 11. While the April 6, 2006 letter to Nguyen was addressed to the address for notices given in the lease agreement, the notice letter was returned by the U.S. Postal Service. 12. Counsel for Plaintiff sent an additional notice of default to Nguyen at Pasteur's business address on May 10, 2006. A true and correct copy of the May 10, 2006 correspondence is attached hereto as Exhibit D. 13. Despite due notice, Defendants did not act to cure the default within fifteen days as required by the lease agreement. 14. Due to Defendants' default, rent reserved for the full term of the lease in the amount of $234,000.00 is due and owed to Plaintiff. 15. Plaintiff has incurred attorneys fees due to the need to engage legal counsel for the enforcement of the terms of the lease agreement. 16. Under the terms of the lease agreement, Pasteur and its guarantor, Nguyen, are required to pay Plaintiff's attorney's fees in connection with the enforcement of the lease agreement. COUNT I - BREACH OF CONTRACT PLAINTIFF V. PHO PASTEUR FRENCH BAKERY AND RESTAURANT. INC. 17. Paragraphs 1 through 16 are incorporated herein by reference. 18. Despite demand, Defendant Pasteur has failed and refused to pay the amount of $19,500.00 owed based on its check issued March 22, 2006. 19. Defendant Pasteur has failed and refused to pay rent reserved for the term of the lease agreement in the amount of $234,000.00. WHEREFORE, Plaintiff Kuan Fang Cheng respectfully requests judgment against Defendant Pho Pasteur French Bakery and Restaurant, Inc. in the amount of $234,000.00, plus interest, attorneys fees, costs and such other amount as the court deems appropriate. COUNT II - GUARANTY PLAINTIFF V. VUONG V. NGUYEN 20. Paragraphs 1 through 19 are incorporated herein by reference. 21. The lease agreement includes a guaranty provision by which Defendant Nguyen personally guaranteed complete performance of the lease and all its provisions by Pasteur. 22. Defendant Pasteur breached the lease agreement with Plaintiff and Defendant Nguyen is personally liable for said breach. 23. Despite demand, Nguyen has failed and refused to pay the amounts owed as a result of the aforesaid breach. WHEREFORE, Plaintiff Kuan Fang Cheng respectfully requests judgment against Defendant Vuong V. Nguyen in the amount of $234,000.00, plus interest, attorneys fees, costs and such other amount as the court deems appropriate. Date: z1 john J44erry, JAY, Esquire Gerber, Ferry & Tanner Law Offices Attorney ID: 75907 46 East Main Street Palmyra, PA 17078 (717) 838-5411 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S. §4904, relating to unworn falsification to authorities. Kuan Fang heng Dated: 021 LOG LEASE AGREEMENT THIS LEASE made as of this ZZ- d y of 1 1 I P r(,?_. 2006, by and between KUAN FANG CHENG, of Lebanon, Pennsylvania (hereinafter referred to as "Landlord"), and PHO PASTEUR FRENCH BAKERY AND RESTAURANT, INC., a Pennsylvania business corporation (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, Landlord is the owner of a tract of ground with a building erected thereon, situate in Hampden Township, Cumberland County, Pennsylvania, located at 3421 Simpson Ferry Road, Camp Hill, Pennsylvania, more particularly described on a deed recorded at Deed Book 165, Page 237 in the Cumberland County Recorder of Deeds Office (hereinafter the "Premises") and certain equipment including a walk-in cooler, a walk-in freezer, a sink and a ventilation hood, as more particularly described on Exhibit "A" attached hereto (the 'Equipment"); and WHEREAS, Landlord and Tenant have agreed that Landlord shall grant to Tenant and Tenant shall acquire an option to purchase the Premises and Equipment as well as a right of first refusal to purchase the Premises and the Equipment, upon the terms and conditions hereinafter set forth; and WHEREAS, Landlord and Tenant have agreed that Landlord shall lease to Tenant and Tenant shall lease from Landlord the Premises and the Equipment upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the rent reserved to be paid by Tenant to Landlord, the parties hereto, intending to be legally bound, do hereby agree as follows: I. Premises. The Premises consists of a tract of ground and building thereon located 3421 Simpson Ferry Road, Camp Hill, Pennsylvania, more particularly described on a deed recorded at Deed Book 165, Page 237 in the Cumberland County Recorder of Deeds Office, having erected thereon a building used for a restaurant. 2. Term. This Lease shall commence on April 1, 2006 and shall continue for three (3) years ("Term") unless sooner terminated pursuant to the provisions of this Lease. Tenant shall have the option to extend this Lease for up to three additional five (5) year terms upon written notification to Landlord no less than six (6) months prior to the termination of this Lease. 3. Possession. Landlord shall give possession of the Premises to Tenant on or before April 1, 2006. Landlord shall ensure that any prior tenants have vacated the premises prior to this date. 4. Rent. Rent for the Term ("Rent') shall be $6,500.00 per month for the first three (3) year Tenn of this Agreement, except for rent for the month of April 2006, which shall be free. For each five-year period thereafter, monthly rent shall increase by three percent (3%) per year: a) For years 1, 2 and 3, Tenant shall pay Landlord $6,500.00 per month; b) For year 4, Tenant shall pay Landlord $6,695.00 per month; C) For year 5, Tenant shall pay Landlord $6,895.00 per month; d) For year 6, Tenant shall pay Landlord $7,100.00 per month; e) For year 7, Tenant shall pay Landlord $7,315.00 per month; f) For year 8, Tenant shall pay Landlord $7,535.00 per month; g) For year 9, Tenant shall pay Landlord $7,760.00 per month; h) For year 10, Tenant shall pay Landlord $7,995.00 per month; 2 i) For year 11, Tenant shall pay Landlord $8,235.00 per month; j) For year 12, Tenant shall pay Landlord $8,480.00 per month; k) For year 13, Tenant shall pay Landlord $8,735.00 per month; 1) For year 14, Tenant shall pay Landlord $9,000.00 per month; m) For year 15, Tenant shall pay Landlord $9,270.00 per month; n) For year 16, Tenant shall pay Landlord $9,545.00 per month; o) For year 17, Tenant shall pay Landlord $9,830.00 per month; p) For year 18, Tenant shall pay Landlord $10,125.00 per month. The first monthly payment shall be due on May 1, 2006 and thereafter on the first day of each succeeding month during the Term, without demand therefore by the Landlord. Rent shall be payable at the office of Landlord or such other place as Landlord may in writing direct. Tenant shall pay a late fee of five percent (5%) of the monthly rent for any month in which the rent payment is more than ten days late. 5. Rights of Tenant and Subordination. Tenant shall not have the legal right to mortgage, pledge or otherwise encumber the Premises. This Lease is expressly subordinate to all present and future mortgages or other security instruments granted by Landlord encumbering the buildings or the land upon which they are erected, or fixtures or other appurtenances thereto. Tenant covenants to execute such documents as requested by Landlord to confirm or substantiate such subordination, and upon failure so to do, hereby irrevocably appoints Landlord its agent and attorney-in-fact to execute the same on its behalf. Any such documents shall expressly recognize Tenant's rights under the terms of this Lease so long as Tenant is not in default of its obligations hereunder. 3 6. Services. Landlord shall not be responsible in any way in the event that the supply of heat, air conditioning, water, electricity, plumbing, or any other utilities, is cut off by reason of any cause beyond the control of Landlord, and Tenant does hereby release Landlord from any damage which may result by reason of any such failure of the supply of such items. 7. Maintenance and Repair. Tenant shall provide all repair and maintenance of the Premises during the term of this Lease Agreement, including all interior repairs, alterations, trash removal, janitorial services, snow removal, and common area maintenance, with the exception of major structural repairs, which shall be provided by Landlord. Landlord warrants that the roof shall be in good condition for the first year of this Lease Agreement. Roof repairs shall thereafter be Tenant's responsibility. 8. Taxes. Landlord agrees to pay all real estate taxes which are chargeable or assessed against the demised Premises as they become due. 9. Utilities. The cost of utilities furnished to the demised Premises, including, without limitation, the cost of water, gas, electricity, air conditioning, and sewerage, shall be paid by the Tenant. 10. Other Expenses. Any charges or costs or other expenses in connection with the Premises not herein expressly provided shall be the obligation of the Tenant. 11. Alterations and Changes. Tenant shall make no modifications or changes to the appearance of the building, either exterior or interior, without the express written consent of the Landlord. 12. Assignment and Subletting. Tenant shall not assign or sublet the Premises or any part thereof without the written consent of Landlord, which shall not be unreasonably withheld. Should Tenant enter into any agreement to assign or sublet the Premises with the 4 consent of Landlord, all provisions of this Lease Agreement shall remain effective, and Tenant shall guarantee performance of all duties under this Agreement, including, but not limited to, the payment of Rent and all other expenses described herein. The foregoing provisions notwithstanding, Tenant shall have the right to assign this Lease to any person that purchases the restaurant operated by Tenant on the Premises, subject to the guarantee of performance by Tenant. 11 Liability. Tenant hereby releases Landlord from any future liability for any and all injuries or damages which may be suffered by Tenant, its successors and assigns, in its use of the Premises as a result of the negligence, business operations, or any other activity of the tenant, on any portion of the Premises. Tenant covenants and agrees that it will bear, pay and discharge, when and as the same become due and payable, all judgments and lawful claims for damages or otherwise against Landlord arising from Tenant's use or occupancy of said Premises, and will assume the burden and expense of defending all such suits, whether brought before the expiration of this Agreement of Lease, or otherwise, and will protect, indemnify and save harmless the said Landlord, its agents, servants, employees, heirs and personal representatives by reason of or on account of the use or misuse of the said Premises hereby leased, or any part thereof, due to the negligence of Tenant, or of its agents, servants or employees. Tenant agrees, at its sole expense, to keep the premises insured against fire and other perils, including liability, in an amount not less than $1,000,000.00 in premises insurance and $1,000,000.00 in liability insurance, which shall list Landlord as an additional insured party. All insurance required hereunder shall be taken out and maintained in generally recognized responsible insurance companies, qualified under the laws of the Commonwealth of 5 Pennsylvania, shall name Landlord as an additional insured, and said policies or certificates evidencing such insurance coverage shall be furnished to Landlord. Prior to the expiration of any such policies, Tenant shall furnish to Landlord evidence reasonably satisfactory to Landlord that such policies have been renewed or replaced by similar policies. Landlord shall have the right to demand and receive proof of insurance coverage on a semi-annual basis. Tenant covenants to maintain adequate insurance against damage or destruction of Tenant's personal property on account of the elements, fire, wind, theft and other perils commonly insured against. Landlord shall not be liable for any damage done to or loss of Tenant's personal property or damage or loss suffered by the business or occupation of Tenant or of other persons from bursting, overflowing or leaking of water or sewer pipes or from the heating or plumbing fixtures or from electric wires, or from gas or odors, or caused in any other amount whatsoever. 14. Option to Purchase. Landlord hereby grants to Tenant during the first three (3) year term of this Lease Agreement an Option to purchase the Premises and the Equipment for the sum of $795,000.00. 15. Right of First Refusal. Landlord hereby grants to Tenant during the first three (3) year term of this Lease a Right of First Refusal to purchase the Premises. At such time as Landlord receives an offer to purchase the Premises on terms otherwise acceptable to Landlord, the terms of such offer, together with a copy of any written documentation of such offer, shall be famished to Tenant in writing, whereupon Tenant shall have ten (10) days to match said offer. In the event Tenant matches said offer, Landlord shall be obligated to sell the Premises to Tenant on the terms and conditions contained in said offer. Failure of Tenant to exercise its right of first refusal shall not extinguish Tenant's Option under Paragraph 14 above. 6 16. Security Deposit. Upon the execution of this Agreement, Tenant shall pay to Landlord the sum of $13,000.00, which is to remain on deposit with Landlord during the Term of this Lease and any extensions as security for the payment of rent and the full and faithful performance by Tenant of the covenants and conditions of this Lease. In the event of any default, the sum shall be retained by Landlord and may be applied toward damages arising from such default. Upon yielding of said premises at the termination of this Lease, and provided no default has occurred, said sum shall be returned to Tenant. No interest shall be payable on the deposit. It is understood that Landlord shall always have the right to apply said deposit, or portion thereof, to the curing of any default that may exist. Should Landlord convey its interest under this Lease, the deposit, or the part or portion thereof not previously applied, shall be turned over to Landlord's grantees or assignees; and Tenant hereby releases Landlord from any liability with respect to the deposit and Tenant agrees to look solely to such grantee or assignee and this provision shall also apply to subsequent grantees or assigns. Tenant agrees that it will not assign, pledge, mortgage or otherwise hypothecate its interest in the security deposit. Should Landlord apply any part of this deposit pursuant to these provisions, then Tenant shall, upon written demand by Landlord, remit to Landlord a sufficient amount in cash to restore said security to the original sum deposited, and Tenant's failure to do so within five (5) days after mailing of such demand shall constitute a breach of this Lease. 17. Default. The following events shall constitute default hereunder: (a) Nonpayment of rent for a period of fifteen (15) days from its due date; (b) Assignment by Tenant for the benefit of creditors, issuance of execution against Tenant, appointment of a receiver of the assets of Tenant, the filing for, by, or 7 against Tenant of any action under the Federal Bankruptcy Act or comparable state or local legislation; (c) Violation of any of the terms or conditions of this Lease; or (d) Abandonment of the Premises by Tenant. 18. Landlord's Remedies on Default. Upon default by Tenant hereunder, Landlord shall, without by this exposition limiting its rights in law or in equity, have the following remedies: (a) After notice as hereinafter provided, at its option, Landlord may declare the entire rent reserved for the full term of this Lease remaining unpaid due and payable forthwith and proceed for the collection of the same by distress or otherwise, and Landlord may in such event forfeit and annul the unexpired portion of this Lease and enter upon and repossess the Premises with or without process of law; provided, however, that if Tenant after written notice of such default or of breach shall remedy the same within fifteen (15) days, it shall be restored to its full rights and privileges of this Lease. If the default or breach shall require more than fifteen (15) days to cure, Tenant shall not be in breach of this Lease so long as it shall promptly commence such actions as are required to cure such breach and shall diligently pursue such cure. (b) If Tenant shall make an assignment for the benefit of creditors or be adjudicated a bankrupt, Landlord may proceed forthwith for the collection of the rent for the full term, and in addition thereto forfeit and/or annul the unexpired portion of this Lease and enter upon and repossess said Premises. 8 I , . . (c) Failure by Landlord to exercise its rights hereunder in the event of default shall not act as a waiver of its rights so to exercise in the event of a subsequent default. 19. Attorneys' Fees. In the event that Landlord shall be required to engage legal counsel for the enforcement of any terms of this lease, whether such employment shall require institution of suit or other legal services required to secure compliance on the part of the Tenant, Tenant shall be responsible for and shall promptly pay to Landlord the reasonable cost of said attorney's fees. 20. Quiet Enjoyment. So long as Tenant is not in default hereunder, Landlord covenants to allow Tenant quietly and peaceably to enjoy possession of the Premises free from interference or interruption of Landlord or any other person claiming under or through Landlord. 21. Condemnation. In the event the Premises or a portion thereof are taken or sold pursuant to the exercise of the right of eminent domain by any authority having or claiming to have the same, rent shall be proportionately reduced (in the case of a partial taking) or this lease shall be terminated (in the case of a taking of the whole), as the case may be; but in no event shall Tenant be entitled to or receive any part of the award or price paid to Landlord in connection therewith. Tenant hereby assigns to Landlord all such awards, compensation and agreed settlements and authorizes payment thereof by the Condemner directly to Landlord. 22. Landlord's Right of Entry. Tenant shall permit Landlord and its agents to enter into and upon said Premises at all reasonable times for the purpose of inspecting the same. Landlord shall also have the right to enter upon the premises at all reasonable times for the purposes of showing the Premises to prospective purchasers. 23. Cancellation. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof shall, at the option of Landlord, terminate all or any existing 9 subleases or sub tenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenancies. 24. No Waiver. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Landlord of any term, covenant or condition of this Lease, other than the failure to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding at the time of acceptance of such rent. 25. Remedies Cumulative. It is understood and agreed that the remedies herein given to Landlord shall be cumulative, and the exercise of any one remedy by Landlord shall not be to the exclusion of any other remedy. Each and all of said remedies shall be exercisable repeatedly and as often as may be necessary. 26. Brokers. Landlord and Tenant acknowledge that COMMERCIAL REALTY GROUP, INC., P.O. Box 338, Camp Hill, Pennsylvania 17001-0338, is the sole real estate broker involved in effectuating this Lease Agreement. Landlord shall pay in full any commission amounts due to COMMERCIAL REALTY GROUP, INC. in connection herewith, pursuant to the applicable commission or listing agreement. Landlord and Tenant mutually represent and warrant that neither has dealt with any other broker or finder in respect to the subject matter of this Lease Agreement. Each party agrees to indemnify and hold the other party harmless from and against all liabilities, claims, losses, costs, damages, and expenses, including attorneys fees, arising out of or from any claims for brokerage commission resulting from any other agreement by such party with any broker or any other person. 10 27. Construction. Wherever the context so requires, the feminine gender shall be substituted for the masculine, the masculine for the feminine or the neuter for either; the singular shall be substituted for the plural and vice versa. Paragraph headings are for convenience only and do not constitute a part of this Lease. This Lease is made and executed in the Commonwealth of Pennsylvania and shall be construed and enforced in accordance.with the laws thereof. 28. Use of Premises. It is the intention of the Tenant to use the premises for a restaurant. Tenant warrants to Landlord that shall comply with all local, state and federal statutes with regard to the use of any products or materials defined by State or Federal Statute as being hazardous or toxic, and for their disposal. Tenant shall use only such hazardous or toxic materials as are customarily and usually used in the operation of a restaurant. Tenant specifically agrees to be fully responsible for the cost of any and all remediation required in the event of any contamination on the site as a result of its activities. Tenant will indemnify and save Landlord, its agents, servants, employees, heirs and personal representatives harmless by reason or on account of the use or storage of said products. 29. Notices. All notices or other communication pursuant hereto to any party shall be deemed given when deposited in the United States mail, postage prepaid, return receipt requested, addressed to the parties at the addresses set out below, or to such other address as the parties may in writing direct: If to Landlord: Kuan Fang Cheng 2125 West Cumberland Street Lebanon, PA 17042 Copy to Landlord's John J. Ferry, Jr., Esquire Attorney: Gerber, Ferry & Tanner 46 E. Main Street Palmyra, PA 17078 11 If to Tenant: Vuong V. Nguyen 3421 Simpson Ferry Road Camp Hill, PA 17011 30. Entire Agreement. This Lease contains the entire understanding between the parties hereto and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understanding, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. 31. Successors and Assigns. Except as herein otherwise specified, this Lease shall legally benefit and bind the parties hereto, their respective heirs, beneficiaries, executors, personal representatives, successors and assigns. 32. Guaranty. The undersigned Guarantor, on behalf of himself, his successors, and assigns, complete performance of the foregoing lease and all its provisions, and the provisions of all documents attached and incorporated by reference, for the term of the lease or in any extensions of such. Guarantor waives any right or necessity for any notice of default under the lease as any condition for enforcement of the guaranty. Guarantor agrees that no assertion by Landlord of any other forms of remedy or relief available to it under this lease or the law generally will diminish or otherwise interfere with separate and independent claims made against this guaranty. Guarantor waives any defense under this guaranty stemming from any circumstances whatsoever outside the course of this lease and resulting in the termination of Tenant's liability-such as, but not limited to, modification, release, or discharge occurring through any bankruptcy or collateral proceedings, disability of Tenant, or transfer of the lease. Landlord agrees to rely on the fact and security of this guaranty as a substantial inducement to execution of the foregoing lease. 12 . . . , , IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day and year first written above. WITNESS: LANDLORD: ?? -- CSC Kuan Fang heng 13 PHO PASTEUR FRENCH BAKERY AND 04/04/2006 04:27 • Q-) , 7172280316 PHO PASTEUR AND FRENCH BAKERY 560 S. 28TH ST. HARRISBURG, PA 17104 Uk0j, A ONE STEAK AND SEA PAGE 01 V AJ2481 e 72e 2313 DATE pant a I $ gAjo .- s1?.1° (1I? L 1eaLLAgIS e sovereign Bank- ?///./? re6nbank. / ! ? ? FOR Y IJ t/?" L't t =0000 , jpQ 00021,80, 5 a' 1950000Nx' CommArca Sank Narrisburg 100 Senate Ave Date 03-28-2006 Camp Hill DA 17001 0000000536866445 We CHARGED your account and RETURNED to you the following item C RCK KUMBBR Transaction Date RZASON AMUNT 002481 03/23/2006 INSUFFICIENT FUNDS 19500.00 Item Amount $ 19500.00 Return Check Fee $ 7.00 CHINA INN 2125 W CUNBERLANP ST LEBANON PA-17042 RECEIVED 04-05-2006 02:56PM FROM-TIT2200316 TO- PAGE 001 GERBER FERRY-TANNER Daryi J. Gerber LAW OFFICES John J. Ferry, Jr. P,legan E. Ryland-Tanner Jennifer A. Wentzel April 6, 2006 Vuong V. Nguyen 3421 Simpson Ferry Road Camp Hill, PA 17011 RE: Security deposit check returned for insufficient funds Dear Mr. Nguyen: 46 Fa:' ?bki?e ;rr-ei Pair ra. 71 ?a You are hereby notified that a check numbered 2481 in the face amount of $19,500.00 issued by you on March 22, 2006, drawn upon Commerce Bank and payable to Kuan Fang Cheng, has been dishonored. Pursuant to Pennsylvania Law, you have ten days from receipt of this notice to tender payment in the full amount of such check plus a service charge of $25.00, the total amount being $19,525.00. Unless this amount is paid in full within the time specified above, the holder of such check may turn over the dishonored check and all other available information relating to this incident to the District Attorney for criminal prosecution. You are also put on notice that your failure to pay the security deposit and first month's rent constitutes a default under the terms of the lease. You must cure this default within fifteen (15) days if you wish to be restored to your full rights under the Lease. V your Jor?-. Ferry, . JJF1tms cc: Mr. Justin Cheng Fritz Kriete, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. C'3E RB 111 E RF 1 ? L IJ: N: ..a _ LAW, OFFICES Daryl J. Gerber John J. Ferry, Jr. Megan E. Ryland-Tanner Jennifer A. Wentzel May 10, 2006 Vuong V. Nguyen Pasteur Vietnamese Restaurant 560 South 29`s Street Harrisburg, PA 17104 RE: Security deposit check returned for insufficient funds Dear Mr. Nguyen: 46 Fa,t; 1,,;i1 :>Ir;et P4' 1 - ,41 a?u 71 7 3 a >t ' Fas+. bvw o Je?baiferr .--oin You are hereby notified that a check numbered 2481 in the face amount of $19,500.00 issued by you on March 22, 2006, drawn upon Commerce Bank and payable to Kuan Fang Cheng, has been dishonored. Pursuant to Pennsylvania Law, you have ten days from receipt of this notice to tender payment in the full amount of such check plus a service charge of $25.00, the total amount being $19,525.00. Unless this amount is paid in full within the time specified above, the holder of such check may turn over the dishonored check and all other available information relating to this incident to the District Attorney for criminal prosecution. You are also put on notice that your failure to pay the security deposit and first month's rent constitutes a default under the terms of the lease. You must cure this default within fifteen (15) days if you wish to be restored to your full rights under the Lease. y 4Furs' John , JJF/tms cc: Mr. Justin Cheng Fritz Kriete, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 49k p d ?. F KUAN FANG CHENG, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3911 Civil Term PHO PASTEUR FRENCH BAKERY AND RESTAURANT, INC., and VUONG V. NGUYEN, Defendants. NOTICE TO PLEAD TO: Plaintiff Kuan Fang Chang, YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. McNEES By ' LLC Pttdr F. Kriete Attorney I.D. No. 702 Devin Chwastyk Attorney I.D. No. 91852 P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5482 (717) 237-5300 (Fax) Attorneys for Defendants Pho Pasteur French Dated: August? , 2006 Bakery and Restaurant, Inc. and Vuong V. Nguyen Peter F. Kriete Attorney I.D. No. 70287 Davin Chwastyk Attorney I.D. No. 91852 McNEES WALLACE & NURICK LLC P.O. Box 1166, 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5482 (717) 237-5300 (Fax) Attorneys for Defendants KUAN FANG CHENG, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3911 Civil Term PHO PASTEUR FRENCH BAKERY AND RESTAURANT, INC., and VUONG V. NGUYEN, Defendants. DEFENDANTS' ANSWER WITH NEW MATTER Defendants Pho Pasteur French Baker and Restaurant, Inc. and Vuong V. Nguyen, by their attorneys, McNees Wallace & Nurick LLC, submit the following Answer to Plaintiffs' Complaint, and in support thereof avers as follows: 1. Denied. Defendants are without sufficient knowledge to form a belief as to the truth of the averment, and the same is therefore denied. 2. Denied. Defendant Pho Pasteur French Bakery and Restaurant, Inc. ("Pho Pasteur") formerly operated at 560 South 29th Street, Harrisburg, Dauphin County, Pennsylvania. On or about May 30, 2006, those premises were destroyed or severely damaged by fire. See Exhibit "A," hereto. Pho Pasteur is not currently in operation. 3. Admitted. 4. Denied. The lease attached to the Complaint as Exhibit "A" does not represent the full agreement of the parties. By way of further information, Plaintiff also represented that certain restaurant equipment, in addition to the equipment set forth in the lease, would be provided along with the rented Premises. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. By way of further information, Defendant Nguyen had a partner who was providing funds for the rental of the Premises. When Defendants took possession of the Premises, they found that Plaintiff had misrepresented what equipment would be at the Premises for the operation of a restaurant. Because these misrepresentations substantially limited Defendants ability to operate a restaurant at the Premises, Defendants' partner refused to participate in the enterprise and withdrew the funds from Defendants' account. 9. Admitted. By way of further answer, when Defendants took possession of the Premises, they found that Plaintiff had misrepresented what equipment would be at the Premises for the operation of a restaurant. Defendants were never able to operate a restaurant on the Premises, as had been represented to them by Plaintiff. 10. Denied. Defendants are without sufficient knowledge to form a belief as to the truth of the averment, and the same is therefore denied. 11. Denied. Defendants are without sufficient knowledge to form a belief as to the truth of the averment, and the same is therefore denied. 12. Denied. Defendants are without sufficient knowledge to form a belief as to the truth of the averment, and the same is therefore denied. 3 13. Denied. Defendants were not in default under the Lease. Plaintiff had defaulted on his representations regarding the equipment that would be provided at the Premises, which was a precondition of Defendants' acceptance of the Lease. Defendants entered into the subject transaction with unclean hands and are not entitled to enforce the Lease. 14. Denied. This averment states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is required, Defendants did not default on the Lease. Plaintiff had defaulted on his representations regarding the equipment that would be provided at the Premises, which was a precondition of Defendants' acceptance of the Lease. Defendant is not entitled to accelerate the rent amounts due. 15. Denied. Defendants are without sufficient knowledge to form a belief as to the truth of the averment, and the same is therefore denied. It is denied that Plaintiff is entitled to any award of attorney's fees from Defendants, as Plaintiff entered the transaction with unclean hands and Defendants did not breach the lease. COUNT I - BREACH OF CONTRACT PLAINTIFF v. PHO PASTEUR FRENCH BAKERY AND RESTAURANT 16. Denied. This averment states a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is required, Defendants did not default on the Lease. Plaintiff had defaulted on his representations regarding the equipment that would be provided at the Premises, which was a precondition of Defendants' acceptance of the Lease. Plaintiff entered the transaction with unclean hands and is not entitled to enforce the Lease. 17. Paragraphs 1 through 16, above, are incorporated by reference. 4 18, Denied. Plaintiff is not entitled to any award from Pho Pasteur, as Plaintiff defaulted on his representations regarding the equipment that would be provided at the Premises, which was a precondition of Defendants' acceptance of the Lease. Plaintiff entered the transaction with unclean hands and is not entitled to enforce the Lease. 19. Admitted in part and denied in part. It is admitted that Pho Pasteur has refused to pay rent, it is denied that Pho Pasteur was obligated to pay rent. WHEREFORE, Defendant Pho Pasteur requests judgment in its favor and against Plaintiff Cheng. COUNT II - BREACH OF CONTRACT PLAINTIFF v. VUONG V. NGUYEN 20. Paragraphs 1 through 19, above, are incorporated by reference. 21. Admitted. 22. Denied. Defendant Pasteur did not breach the lease. Defendants incorporate by reference paragraph 18, above. 23. Admitted in part and denied in part. It is admitted that Nguyen has refused to pay the amounts, it is denied that Nguyen was obligated to pay the amounts and it is denied that Plaintiff is "owed" the amounts. Defendants incorporate by reference paragraph 18, above. WHEREFORE, Defendant Vuong V. Nguyen requests judgment in his favor and against Plaintiff Kang Fang Cheng. NEW MATTER 24. Plaintiff is not entitled to recover any rent from Defendants because Plaintiff induced Defendants' agreement to the Lease by misrepresentation. During the negotiation of the Lease, Plaintiff represented to Defendants that certain equipment 5 would be included on the Premises, which would have allowed Defendants to operate a restaurant on the Premises. When Defendants took possession, they discovered that Plaintiff had made misrepresentations, and that the promised equipment had not been provided. Defendants were therefore unable to operate a restaurant on the Premises. 25. Plaintiff was aware of Defendants intention to operate a restaurant on the Premises and was aware that Plaintiffs provision of equipment was a precondition to Defendants acceptance of the Lease. 26. Plaintiffs right to recover is barred by fraud. 27. Plaintiffs right to recover is barred by unclean hands. WHEREFORE, Defendant Vuong V. Nguyen requests judgment in his favor and against Plaintiff Kang Fang Cheng. McNEES WALLAC & NURICK LLC By L e er F. Kriete Attorney I. D. No. 70287 Devin Chwastyk Attorney I.D. No. 91852 P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5482 (717) 237-5300 (Fax) Attorneys for Defendants Pho Pasteur French Dated: August ZQ, 2006 Bakery and Restaurant, Inc. and Vuong V. Nguyen 6 VERIFICATION The undersigned states that he is counsel for the Defendant, who is located outside this jurisdiction, and that in order to file the foregoing document in an expedient and timely manner, he is authorized to make this Verification on behalf of Defendant. The undersigned verifies that the statements made in the foregoing document are true and correct to the best of his knowledge or information and belief based upon information provided by the Defendant. A verification signed by the Defendant will be substituted for this attorney verification as soon as possible. The undersigned understands that false statements made herein are subject to the penalties of 18 Pa. C,S.§ 4904, relating to unsworn falsification to authorities. 72- Peter F. Kriete Attorney for Defendants Wong V. Nguyen and Pho Pasteur French Bakery and Restaurant, Inc. Dated: August 28, 2006 ?)? k?eJ? ? " "Every time she grows, she faces another sul;gery," said her mother, Jodi Miller. "It's just a miracle that I can do everything I do," Karyssa said. Irish dancing - which in- volves high-stepping fancy footwork with the arms kept at the dancer's sides has helped build her muscles, she said. me, she couldn't physically bend over to touch her toes. And now she's a beautiful little Irish dancer," McGinley- Crosier said. Karyssa tried tap dancing and ballet before settling on Irish dancing a couple of years ago. She said she imme- diately preferred it. "You mostly get to move Fire damages Vietnamese restaurant From staff reports An overnight fire caused extensive damage to a Vietna- mese restaurant in the city. Vuong Nguyen, the owner of Pho Pasteur at 560 S. 29th St., said he discovered the blaze shortly after midnight yesterday, when he went there to get ready for re- opening yesterday after the Memorial Day holiday. The cause of the fire is un- Duo aetea $11,99+ WPa o. Cp %Oululw a $ Corona Ught 26,99 za?z oz. Bolles. Natural light & Ice " 1A W+hX der investigation, said Deputy Chief Dan Soulier of the Harrisburg Bureau of Fire. Firefighters found the fire concentrated in the ceiling, near where the kitchen joins the dining room of the four- year-old eatery. Fire officials have not re- leased a damage estimate. No one was injured. Nguyen said he wants to re- open the business as soon as possible. Newcastle Brown Ale $12,99 + 2412 0z. Boales +W Bacardi All Flavors $19 all + tax of Karyssa's doctors donated $100 toward Karyssa's ex- penses, Miller said. The whole Miller clan parents Jodi and Scott and brother Alex, 7 - accompa- nied Karyssa and Lydia. Karyssa said she was ner- vous before the competition and didn't expect the results. "I was very surprised be- cause I thought I wouldn't place at all because of all my competitors," she said. ELLEN LYON: 975-9783 or elyon@patrlot-news.com First N; local corr visit 0 b'() - ? 3 I/OC 43 Pint '-T- Banking Q EOUA HOUSING IENDE Friday May 26-Sunday Jun Look for the b1S red and whlte tent nE Colonial Commons.on Jonestown Road across h r Central PA's exclusive Jaeussiand Caldera <. Free Premium accessory package that Inclu, set up, steps, ozone and cover lifter on ml Tent sale prices also in effect at Crystal in Nersheyand MechanicsbUry rivom i CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing was served this date by first class mail, postage prepaid, upon the following: John J. Ferry, Jr., Esquire Gerber, Ferry & Tanner Law Offices 46 East Main Street Palmyra, PA 17078 Coun August 2006 8 'T1 c:? c'? -raN t co iY4J T Li "? 1il KUAN FANG CHENG IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW PHO PASTEUR FRENCH BAKERY AND RESTAURANT, INC., and VUONG : V. NGUYEN DEFENDANTS NO. 2006 Civil 03911 I REPLY TO NEW MATTER 1. Paragraphs I though 23 of Plaintiff's Complaint are incorporated herein by reference. 24. Admitted in partlland denied in part. It is admitted that Plaintiff represented to Defendants that certain equipment would be included on the premises, namely a walk-in cooler, a walk-in freezer; a sink and a ventilation hood. This equipment, as contemplated by the Lease and agreement of the parties, was included in the premises. It is denied both specifically and as conclusion of law that Plaintiff made any misrepresentations to Defendants and that Plaintiff promised any equipment that was not provided. It is denied that Defendants were unable to operate a restaurant on the premises as Plaintiff is without sufficient knowledge to form a belief as to the truth of the averment and the same is therefore denied. Further, Defendant signed the lease knowing that it included I', a provision reading: "This Lease contains the entire understanding between the , parties hereto and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no 4. representations, agreements, arrangements or other understanding, oral or written, between and among the parties hereto relating to the subject matter of this agreement which are not fully expressed herein." 25. Admitted in pait and denied in part. It is admitted that Plaintiff was aware of Defendants' intention to operate a restaurant on the premises. It is denied both specifically and as a conclusion of law that Plaintiff's provision of equipment was a pre- condition to Defendants' Ill,acceptance of the lease. The lease agreement, which was reviewed and modified by Defendants' attorney prior to execution, specifies the equipment that Plaintiff was required to provide, namely a walk-in cooler, a walk-in freezer, a sink, and a ventilation hood. I 26. Denied as a conclusion of law requiring no response. 27. Denied as a conclusion of law requiring no response. WHEREFORE Plaintiff Kuan Fang Cheng respectfully requests judgment against Defendants Vuong V. Nguyen and Pho Pasteur French Bakery and Restaurant Incorporated in the amount of $234,000.00 plus interest, attorney's fees, costs and such other amounts as the Court deems appropriate. J. Ferv(<"Jr. Date: PXrber, F,6fry and Tanner Law Office 6 East Main Street Palmyra, PA 17078 (717) 838-5411 Attorney I.D. No.: 75907 w M VERIFICATION I, John J. Ferry, Jr., Esquire, verify that I am the attorney for Plaintiff Kuan Fang Cheng, and as such I am authorized to give this verification on behalf of Plaintiff. Mr. Cheng is outside of the jurisdiction of the court and his verification could not be obtained within the time allowed for filing the pleading. I base this verification on information supplied to me by Kuan Fang Cheng. I verify that the statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Dated: ?Y KUAN FANG CHENG IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW PHO PASTEUR FRENCH BAKERY AND RESTAURANT, INC., and VUONG V. NGUYEN DEFENDANTS NO. 2006 Civil 03911 CERTIFICATE OF SERVICE John J. Ferry, Jr., Esquire, of Gerber, Ferry & Tanner, Attorney for Plaintiff in the above captioned action, dolh depose and say that he caused to be mailed by U.S. Mail, First Class, a copy of the Reply to New Matter addressed as follows: Devon Chwastyk, Esquire McNees, Wallace and Nurick P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 Lzj;?'y J J. Fe, Jr., Es it ttomey for Plaintiff Att. I.D. No. 75907 Dated: 9/ y/?? __, -- tii __ t e: r -. ?t _ 'r SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHENG KUAN FANG VS PHO PASTEUR FRENCH BAKERY ETAL 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: PHO PASTEUR FRENCH BAKERY AND RESTAURANT INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 2nd , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So ans ?. Docketing 18.00 _ Out of County 9.00 -- Surcharge 10.00 R: Thomas Kline __. Dep Dauphin County 41.25 Sheriff of Cumberland County Postage 3.90 82.15 ? 08/02/2006 GERBER FERRY & TANNER Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsyivahia Kuan Fang Cheng VS. Pho Pasteur French Bakery and Restaurant Inc et al SERVE: Pho Pasteur French Bakery and No. 06-3911 civil Restaurant Inc Now, July 12, 2006 , I, 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 20 , at o'clock M. served the by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA U { a+, A,;1 i? r Miftce of #11C o$4eriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin CHENG KUAN FANG vs • NGUYEN VOUNG V Sheriff's Return No. 1206-T - - -2006 OTHER COUNTY NO. 06-3911 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy NOW:July 24, 2006 at 1:OOPM served the within COMPLAINT upon PHO PASTEUR FRENCH BAKERY & RESTAURANT by personally handing INC to MAIVO, PERSON IN CHARGE 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 2243 KENSINGTON ST (CURRENT ADDRESS) HBG, PA 00000-0000 NOTE: PROPERTY 560 SOUTH 29TH ST, HBG, PA. IS VACANT. Sworn and subscribed to before me this 25TH day of JULY, 2006 A NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, lc- Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$41.25 PD 07/14/2006 RCPT NO 219562 EMBREY SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHENG KUAN FANG VS PHO PASTEUR FRENCH BAKERY ETAL 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: NGUYEN VUONG V but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE in his bailiwick. He therefore County, Pennsylvania, to On August 2nd , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answe Docketing 6.00 ` ; --' Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ,? q- 2a?vL 08/02/2006 4- GERBER FERRY & TANNER Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Kuan Fang Cheng vs. Pho Pasteur French Bakery and Restaurant Inc et al SERVE: Vuong V. Nguyen No. 06-3911 civil Now, July 12, 2006 , I, 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, , 20 , at within upon at by handing to a o'clock M. served the and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA $ of Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CHENG KUAN FANG vs County of Dauphin NGUYEN VOUNG V Sheriff's Return No. 1206-T - - -2006 OTHER COUNTY NO. 06-3911 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:July 24, 2006 at 1:OOPM served the within COMPLAINT upon NGUYEN VOUNG V by personally handing to MAIVO, PERSON IN CHARGE 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 2243 KENSINGTON ST (CURRENT ADDRESS) HBG, PA 00000-0000 Sworn and subscribed to before me this 25TH day of JULY, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, ? ?* e,?? Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$41.25 PD 07/14/2006 RCPT NO 219562 EMBREY KUAN FANG CHENG, Plaintiff, V. PHO PASTEUR FRENCH BAKERY AND RESTAURANT, INC., and VUONG V. NGUYEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3911 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please substitute the attached Verification, signed by Vuong Van Nguyen of Pho Pasteur French Bakery and Restaurant, Inc., in the above matter, for the Verification previously filed by Peter F. Kriete, Attorney for Pho Pasteur French Bakery and Restaurant, Inc. and Vuong V. Nguyen. McNEES WALLACE & NURICK LLC By I Attorney I.D. No. 792.87 Devin Chwastyk Attorney I.D. No. 91852 P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (Fax) Attorneys for Defendants Pho Pasteur French Bakery and Restaurant, Inc. q011 and Vuong V. Nguyen Dated: September p 2006 VERIFICATION Subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities, I hereby certify that I have reviewed the foregoing and that the facts set forth therein are true and correct to the best of my knowledge, information and belief, and that I am authorized to make this verification on behalf of myself and Pho Pasteur French Baker and Restaurant, Inc. Vuong Yan Nguye CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing was served this date by first class mail, postage prepaid, upon the following: John J. Ferry, Jr., Esquire Gerber, Ferry & Tanner Law Offices 46 East Main Street Palmyra, PA 17078 Counsel for Plaintiff n September 2-1? , 2006 n c? 'Y1 C..? fiJ s°- t, ' ? ? { KUAN FANG CHENG IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW PHO PASTEUR FRENCH BAKERY AND RESTAURANT, INC., and VUONG : V. NGUYEN DEFENDANTS : NO. 2006 Civil 0391 I PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary of Cumberland County: Please substitute the attached verification, signed by Kuan Fang Cheng, the Plaintiff in the above matter, for the verification attached to Plaintiff's Reply to New Matter previously filed by John J. Ferry, Jr., attorney for KuaiyFang Cheng. Date:-1a'6" kc dW J. Ferry; Jr. ( erber, F rry and Tanner 46 East Main Street Palmyra, PA 17078 (717) 838-5411 Attorney I.D. No.: 75907 Office VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Kuan Fang he g Dated: lO I nko (, KUAN FANG CHENG IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW PHO PASTEUR FRENCH BAKERY AND RESTAURANT, INC., and VUONG V. NGUYEN DEFENDANTS : NO. 2006 Civil 03911 CERTIFICATE OF SERVICE John J. Ferry, Jr., Esquire, of Gerber, Ferry & Tanner, Attorney for Plaintiff in the above captioned action, doth depose and say that he caused to be mailed by U.S. Mail, First Class, a copy of the Praecipe to Substitute Verification addressed as follows: Devon Chwastyk, Esquire McNees, Wallace and Nurick P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 ohn J. r., Es Attorney for Plaintiff Att. I.D. No. 75907 Dated: /0/61/0 G 1 c:D Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberfaub Couutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor G, -3211 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