HomeMy WebLinkAbout12-4145o,
LENH PHOUASALITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
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V. : NO. 12 - 4/45 CIVIL TERM -a3
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LARRY J. DEVLIN, and je
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JAMES B. JERSILO, <?" rv
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Defendants : JURY TRIAL DEMANDED
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PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a Writ of Summons regarding the above named Defendants at the following
addresses:
Larry J. Devlin
29 North Hanover Street, Apt. 1,
Carlisle, PA 17013
James B. Jersilo
29 North Hanover Street, Apt. 1,
Carlisle, PA 17013
,12 7
Date
Respectfully Submitted,
TURO LAW OFFICES
Paul M. Ferguson
Supreme Court No. 203293
129 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
O103•'15 PO ATTY
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LENH PHOUASALITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 12 - ql y S CIVIL TERM
LARRY J. DEVLIN, and
JAMES B. JERSILO, :
Defendants : JURY TRIAL DEMANDED
WRIT OF SUMMONS
TO DEFENDANT LARRY J. DEVLIN:
You are hereby notified that Plaintiff Lenh Phouasalith has commenced an action against
you.
14_ 0_ a
Date
Prothonotary
By: 4uDety
LENH PHOUASALITH,
Plaintiff
v.
LARRY J. DEVLIN, and
JAMES B. JERSILO,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12 - L1149 CIVIL TERM
JURY TRIAL DEMANDED
WRIT OF SUMMONS
TO DEFENDANT JAMES B.. JERSILO:
You are hereby notified that Plaintiff Lenh Phouasalith has commenced an action against
you.
Date Prothonotary
By:
D uty
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson -
SheriffFt t
4?tatr ct eu,nbrrrr? + IiE NRCITHC #- !,'pis ,
Jody S Smith
Chief Deputy PM 12
Richard W Stewart
Solicitor OFFE >,,-E "-ERIrr CUMBERLAND C Ulff-l`
€'F-NNSYLVA IA
Lenh Phouasalith
Case Numbe
vs.
Larry J. Devlin (et al.) 2012-4145
SHERIFF'S RETURN OF SERVICE
07/30/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on July 30, 2012 at Ot
hours, he was unable to serve a true copy of the within Writ of Summons, upon the within named
defendant, to wit: Larry J. Devlin. After several attempts the Writ of Summons has expired. Deputies
were unable to verify if Larry J. Devlin resides at 27-31 N. Hanover Street, Apartment 1, Carlisle,
Pennsylvania 17013.
SHERIFF COST: $62.45 SO ANSWERS,
July 30, 2012 RON R ANDERSON, SHERIFF
icl CountySiiite ShenY, -re.ec..-)ft , Irr;
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith r :
Chief Deputy
Richard W Stewart
Solicitor �5 D
C:
> r'J
Lenh Phouasalith
Case Number
vs.
Larry J. Devlin (et al.) 2012-4145
SHERIFF'S RETURN OF SERVICE
03/28/2013 08:56 PM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of
Summons by"personally" handing a true copy to a person representing themselves to be the Defendant,
to wit: Larry J. Devlin at 29 N. Hanover St.Apt. 1, Carlisle Borough, Carlisle 17013.
TSHALL, DEPUTY
03/28/2013 08:56 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of
Summons by"personally"handing a true copy to a person representing themselves to be the Defendant,
to wit: James B. Jersilo at 29 N. Hanover St.Apt. 1, Carlisle Borough, Carlisle PA 17013.
SHALL, UTY
SHERIFF COST: $50.46 SO ANSWERS,
April 01, 2013 RbNW RANDERSON, SHERIFF
(ci C;owc,Sui:e Shent, "e!roscft b..,.
Karl E.Rominger,Esquire
T . r�'Sry�7�
Rominger&Associates
PA Attorney License No. 81924 Z0 13 APR 22 PM 4; it 8'
155 South Hannover Street
Carlisle,PA 17013 CUMBERLAND CO UN- y
(717)241-6070 PENNSYLVANIA
Fax(717)241-6878
Karl@romingerlaw.com Attorney for Defendant
LENH PHOUASALITH, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V. NO: 12-4145
LARRY J.DEVLIN and
JAMES B. JERSILO CIVIL ACTION—LAW
Defendant
PRAECIPE AND RULE TO FILE A COMPLAINT
TO THE PROTHONOTARY:
Issue rule on LENH PHOUASALITH,PLAINTIFF, to file a Complaint in the above case
within twenty (20) days after service of the rule or the Prothonotary, upon Praecipe, shall enter a
judgment of non pros.
Date:
Respectfully submitted,
ROMINGER&ASSOCIATES
Kall E. Rominger,Esquire
155 South Hanover Street
Carlisle,PA 1701.3
(717)241-6070
Supreme Court ID# 81924
Attorney for Defendant
NOW this o?e� day of l` , 2013 A RULE IS ISSUED AS ABOVE.
PROTHONOTA Y �D
By
Deputy
r
Karl E. Rominger,Esquire
Rominger&Associates
PA Attorney License No. 81924
155 South Hannover Street
Carlisle,PA 17013
(717)241-6070
Fax(717)241-6878
Karl@romingerlaw.com Attorney for Defendant
LENH PHOUASALITH, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V. NO: 12-4145
LARRY J.DEVLIN and
JAMES B.JERSILO CIVIL ACTION—LAW
Defendant
CERTIFICATE OF SERVICE
I do hereby certify that on this date, I caused the foregoing Praecipe and Rule to File a
Complaint as filed with the Office of the Prothonotary for Cumberland County, Pennsylvania to be
served by mailing a copy to the Plaintiff via U. S. Mail,via first class mail,postage pre-paid, addressed as
follows:
Paul M. Ferguson,Esquire
Turo Robinson
129 South Pitt Street
Carlisle ,PA 17013
Date: Ql
Ka E. Rominger,Esquire
1.55 S.Hanover Street
Carlisle,PA 17013
Phone: (717)241 —6070
Supreme Court ID#: 81924
Attorney for Plaintiff
LENH PHOUASALITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 12—4145 CIVIL TERM
c a '
LARRY J. DEVLIN, and
JAMES B. JERSILO,
Defendants : JURY TRIAL DEMANDED
NOTICE `''
`do •.0 My��
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17013
(717) 249-3166
LENH PHOUASALITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 12—4145 CIVIL TERM
LARRY J. DEVLIN, and
JAMES B. JERSILO,
Defendants : JURY TRIAL DEMANDED
COMPLAINT
Plaintiff, Lenh Phouasalith,by and through his attorneys, Turo Robinson Attorneys at
Law, alleges the following:
1. Plaintiff, Lenh Phouasalith, an adult individual, resides at 3608 Market Street, Camp Hill,
Cumberland County,Pennsylvania 17011.
2. Defendant, Larry J. Devlin, an adult individual, resides at 29 North Hanover Street, Apt.
1, Carlisle, Cumberland County, Pennsylvania 17013.
3. Defendant, James B. Jersilo, an adult individual, resides at 29 North Hanover Street, Apt.
1, Carlisle, Cumberland County, Pennsylvania 17013.
4. Defendant Devlin is the owner of a property located at 31 North Hanover Street, Carlisle,
Cumberland County, Pennsylvania 17013.
5. On February 27, 2008, the Plaintiff entered into a lease agreement whereby Defendant
Devlin leased to Plaintiff, Soumaly Onelangsy and Phaviny B. Shoenfelt, doing business
as "Lily's Cafe," first floor commercial premises located at 31 North Hanover Street,
Carlisle, Pennsylvania 17013. A copy of the lease is attached as Exhibit A.
6. Under the terms of the lease, Plaintiff and his fellow lessees were to use the premises as a
cafe and retail establishment.
7. The lease was for a five year term.
8. Under the terms of the lease, Plaintiff and his fellow lessees were to pay rent in an
amount progressing from $1,000.00 per month to $1,375.00 per month throughout the
term of the lease.
9. Defendant Jersilo signed the lease agreement as a witness.
10. Defendant Jersilo worked as property manager on the premises and served as Defendant
Devlin's agent.
11. From January 2009 to present, Defendant Jersilo exhibited a pattern of behavior in which
he harassed Plaintiff and interfered with Plaintiff's ability to utilize the property and
conduct business.
12. Throughout the duration of the lease, including June 2010,Defendant Jersilo verbally
harassed Plaintiff and Plaintiff's customers on the premises.
13. In July 2010, Plaintiff closed the Lily Caf6, but Plaintiff's personal property remained on
the premises.
14. Defendant Jersilo's pattern of behavior in which he harassed Plaintiff and interfered with
Plaintiff's ability to utilize the property and conduct business continued after the Lily
Caf6 closed.
15. In October and November 2010, Defendants blocked access to the parking lot in the rear
of the premises.
16. In February 2011, Defendant Jersilo defamed and cursed Plaintiff in front of friends and
potential business partners.
17. Beginning in February 2011, Defendant Jersilo blocked the doors to the premises and tied
them with an electrical cord, denying Plaintiff access to the premises.
18. On April 2, 2011, Defendant Jersilo prevented Plaintiff's fellow lessee from entering the
premises, shouted abusive language and impeded said lessee from leaving the property.
19. . Throughout the course of the lease, Plaintiff notified Defendant Devlin of Defendant
Jersilo's actions on numerous occasions.
20. Despite having notice of Defendant Jersilo's actions,Defendant Devlin did not take steps
to address the situation or stop his agent's actions.
r
21. As a result of Defendant's conduct, Plaintiff incurred thousands of dollars in damages
COUNT I: BREACH OF CONTRACT
22. Paragraphs 1 through 21 hereof are incorporated herein as fully as though listed in
entirety.
23. On February 27, 2008, Plaintiff and Defendant Devlin entered into a valid lease
agreement for a period of five years.
24. In exchange for valuable consideration in the form of rent monies, Defendant Devlin
leased to Plaintiff and fellow lessees, the premises for the purposes of using the premises
as a caf6 and retail establishment.
25. Defendant Jersilo's conduct, and Defendant Devlin's failure to address or cease the
conduct, prevented Plaintiff from using the premises as a cafe and retail establishment as
provided by the terms of the lease.
26. Defendants, through their conduct, breached the contract.
27. Plaintiff incurred thousands of dollars in damages due to loss of business caused by
Defendants.
WHEREFORE, Plaintiff demands on its claim for breach of contract, a judgment for
actual and consequential damages in an amount to be determined at trial, but in no event less
than $50,000.00
COUNT II: BREACH OF COVENANT OF QUIET ENJOYMENT
28. Paragraphs 1 through 27 hereof are incorporated herein as fully as though listed in
entirety.
29. The lease agreement between Plaintiff and Defendant Devlin contained an implied
covenant of quiet enjoyment.
30. Defendant Jersilo's conduct, and Defendant Devlin's failure to address or cease the
conduct, impaired Plaintiff's possession and use of the premises and substantially
decreased the utility of the premises necessary to the enjoyment of the premises.
31. Plaintiff incurred thousands of dollars in damages due to the deprivation of the quiet
enjoyment of the premises caused by Defendants.
WHEREFORE, Plaintiff demands on its claim for breach of covenant of quiet enjoyment,
a judgment for actual and consequential damages in an amount to be determined at trial,but in
no event less than$50,000.00
COUNT III: TORTIOUS INTERFERENCE
32. Paragraphs 1 through 31 hereof are incorporated herein as fully as though listed in
entirety.
33. Plaintiff used the premises for a caf6 and retail establishment.
34. Plaintiff's use of the premises for a caf6 and retail establishment was included in the
terms of the lease agreement.
35. Defendant Devlin, as "Lessor," and Defendant Jersilo, as a witness,both signed the lease
agreement.
36. Plaintiff's operation of the caf6 and retail establishment involved providing goods and
services to customers in exchange for payment of monies.
37. Defendant Jersilo's conduct, and Defendant Devlin's failure to address or cease the
conduct, intentionally and improperly interfered with Plaintiff's business and Plaintiff's
relationship with customers of the Lily Caf6.
38. Plaintiff incurred thousands of dollars in damages due to Defendants' intentional and
improper interference with Plaintiff's business relationship with customers of the Lily
Cafe.
WHEREFORE, Plaintiff demands on its claim for tortious interference, a judgment for
actual and consequential damages in an amount to be determined at trial, but in no event less
than$50,000.00
COUNT IV: DEFAMATION
39. Paragraphs 1 through 38 hereof are incorporated herein as fully as though listed in
entirety.
40. Defendant Jersilo published the accusation that Plaintiff is a criminal by intentionally
communicating statements to persons other than Plaintiff that Plaintiff committed crimes,
including the crime of theft.
41. Defendant Jersilo's statements and communications that Plaintiff is a criminal are false.
42. Defendant Devlin failed to address or cease Defendant Jersilo's accusations despite
notice provided by Plaintiff.
43. Defendant Jersilo's statements and communications are not privileged and tend to harm
Plaintiff's reputation so as to lower him in the estimation of his former customers,
potential business partners and community and deter third parties from associating with
him.
44. Plaintiff has suffered compensatory damages as a result of Defendants' defamatory
statements.
45. Plaintiff is entitled to recover from Defendants all resulting compensatory damages
sustained in an amount not yet ascertained.
46. The defamatory statements against Plaintiff were further made by Defendants as the
result of express malice arising from ill will, bad intent or malevolence toward Plaintiff
and therefore Plaintiff is entitled to recover punitive damages from Defendants in an
amount to be determined.
WHEREFORE, Plaintiff demands on its claim for defamation, a judgment for actual and
consequential damages in an amount to be determined at trial, but in no event less than
$50,000.00
Respectfully Submitted,
TURO ROBINSON
Attorneys at Law
? -3
Date/ Paul M. Ferguson
Supreme Ct. No. 203293
129 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
wo
Dat Lenh Phouasalith
EXHIBIT A
1EASE
THIS LEASE, entered into this 27th day of February, 2008, by and between Larry J Devlin, of Carlisle, Cumberland
County, Pennsylvania, hereinafter referred to as"Lesson',AND Lenh Phouasalith, Soumaly Onelangsy and Phaviny B.
Shoenfelt, doing busines as lily's Cafe, of Carlisle, Cumberland County, Pennsylvania, herinafter referred to as
"Lessees".
NOW,THEREFORE, in consideration of the premises, mutual terms,covenants, stipulations and conditions herein
contained,and the rent reserved to be paid by the Lessees to the Lessor,the parties hereto, intending to be legally
bound, do hereby agree and covenant as follows:
1. PREMISES AND PERSONAL PROPERTY.
That the said Lessor does hereby demise and lease to Lessees and Lessees do hereby hire from Lessor the following
described premises: First floor commercial area located at 31 North Hanover Street Carlisle, Pennsylvania 17013. to be
used and occupied by Lessees as a cafe and retail establishement and for no other purposes or uses whatsoever for the
term of five(5)years.
2. TERM.
The term shall be five(5)years beginning the 1st day of March,2008 and ending the 28th day of February,2013.
Lessees shall have an option to renew the lease upon the same terms and conditions as provided for herein for an
additional five(5)year term(the"Renewal Term'), begining the 1 st day of March,2013 and ending the 28th day of
February,2018. Lessees shall provide written notice to Lessor to be received by Lessor no later than seven(7)months
prior to March 1,2013 of Lessees'desire to renew the lease for the Renewal Term.
3. RENTAL.
Lessees shall pay Lessor as rent during the term of this Lease the following:
A. March 1,2008-June 30,2008,the sum of One-Thousand Dollars($1000.00)per month.
B. July 1,2008-June 30,2009,the sum of One-Thousand One-Hundred Dollars($1,100.00)per month.
C. July 1,2009-June 30,2010,the sum of One-Thousand Two-Hundred Dollars($1,200.00)per month.
D. July 1,2010-June 30,2011,the sum of One-Thousand Three-Hundred Dollars($1,300.00)per month,
E. July 1,2011 -February 28,2013,the sum of One-Thousand Three-Hundred Seventy Five Dollars($1,375.00)
per month.
Rental for the Renewal Term shall be as follows:
March 1,2013-February 28,2015,the sum of One-Thousand Five-Hundred Dollars($1,500.00)per month.
March 1', 2015-February 28,2018,the sum of One-Thousand Seven-Hundred Dollars($1,700.00)per month.
All rent shall be payable to the Lessor in advance,punctually and without demand,deduction or setoff, payable on the
first day of each and every month during the term of this Lease at 29 North Hanover Street Apt 1,Carlisle,Pennsylvania
or at such other place as the Lessor may,from time to time,designate in writing. In the event that Lessees fail to pay
rent or other sum of money on or before the seventh day of each and every month,then,and in that event, Lessees shall
be assessed a five percent(5°l0)penalty.
1 1
e
4. ASSIGNMENT AND SUBLETTING.
The Lessees shall not assign this Lease, nor sublet the premises, or any part thereof, nor use the same or any part
thereof nor permit the premises or any part thereof,to be used for any other purpose than the above stipulated,and all
improvements,additions or fixtures(including trade fixtures)which may be made or added by Lessees,except movable
furniture,shall become the property of the Lessor and remain upon the premises or part thereof at the termination of this
Lease. No replacement or removal of walls,floor or additions of partitibns shall be made without written approval of the
Lessor. Any necessary building permits and governmental approvals shall be Lessees'responsibility.
5. All personal property placed or moved In the premises above described shall be at the risk of the Lessees or owners
thereof, and Lessor shall not be liable for any damage to said personal property or to the Lessees or owners thereof
arising from the bursting or leaking of water pipes or roofs,or from any act of negligence of Lessor,any co-tenant or
occupants of the building or of any other person whomsoever.
6. Lessees shall promptly execute and comply with all statutes,ordinances, rules,orders, regulations and requirements
of the Federal,State and Borough Goverment and of any and all of their Departments and Bureaus applicable to said
premises,for the correction, prevention and abatement of nuisances or other grievances.
7. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this
Agreement,whereby the same shall be rendered untenantable,then the Lessor shall have the right to render said
premises tenantable by repairs within ninety(90)days therefrom. if said premises are not rendered tenantable within
said time,it shall be optional with either party hereto to cancel this Lease,and in the event of such cancellation the rent
shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing.
8. Lessor shall provide heat(with thermostat controlled by Lessor). Lessor shalt also provide yearly maintenance
contracts for the boiler,and make any repairs to the premises which are not the responsibility of the Lessees. Lessor
shall also pay the annual service agreement,test signal,inspection and monitoring fees for the burglar and fire alarm
systems and all real estate taxes. Lessor shall be entitled to access to the entire premises for the purposes of inspection,
maintenance, pest control and repairs.
Lessor shall pay for the water and sewer for the entire building(27,29 and 31 North Hanover Street)each month. If the
monthly water and sewer bill for the entire building exceeds Two-Hundred Dollars($200.00)for the month,then the
Lessees shall reimburse the Lessor for the amount on the bill that is In excess of Two-Hundred Dollars($200.00). The
Lessees shall pay the amount to the Lessor within thirty(30)days of presentment of a bill therefore.
Lessees shall perform routine cleaning and maintenance of the interior of the structure on the premises to include
janitorial,floor cleaning and maintenance of all mechanical elements,including heating,air conditioning(Including
annual maintenance and filter replacements for the air conditioning unit),lighting,and plumbing, including, if necessary,
the replacement of the air conditioning unit. The Lessees shall return the premises to the Lessor at the end of the term
hereof in the same condition as at the begining of the Lease term, ordinary wear and tear excepted.
Lessees,at their cost,shall pay all charges and expenses for Improving, repairing,cleaning,altering,and maintaining the
exterior of the premises, including parking areas(limited to patching and resealing), in a good, neat,attractive, and
serviceable condition,and further shall cause snow to be removed promptly from all walkways(excluding those walkways
on the roof)and parking areas for the entire premises at 27-31 North Hanover Street.
Lessees shall pay all other utilities including telephone(which may be used by Lessor for the burglar and fire alarm
connections),trash collection for all tenants of the entire building at 27-31 North Hanover Street and all maintenance
necessary at the leased premises of 31 North Hanover Street.
9. For insurance purposes,the premises at 31 North Hanover Street is to remain non-smoking.
10. The said Lessees hereby pledge and assign the Lessor all the furniture,fixtures,goods and chattels of said Lessees,
which shall and may be brought or put on said premises as security for the payment of the rent herein reserved,and the
Lessees agree that the said lien may be enforced by distress foreclosure or otherwise at the election of the said Lessor,
and do hereby agree to pay all attorney fees of Lessor incurred in the enforcement of any provision of this Lease,or the
collection of any sum due hereunder,together with all costs and other charges therefore Incurred or paid by the Lessor.
,7
f 1. it is further agreed that if the said specified rent, costs or any other pharges payable shall at any time be in arrears
and unpaid,the lessees notify the lessor of their intent.
12. Lessees hereby waive the usual notice to quit, and agree to surrender said premises at the expiration of said term, or
the termination of this Lease without any notice whatsoever.
13. Lessees shall not be required to deposit with the Lessor at the signing of this Agreement any dollars as a security
deposit.
14. Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the building
thereon whereby the hazard may be increased or the insurance invalidated subject to the reasonable use by Lessees of
the premises as a commercial establishment; and no nuisance or unlawful act or business shall at any time be carried on
upon said premises.
15. Lessees shall be entitled to possession of the premises on February 4,2008.
16. Lessees shall have the first option to lease the premises at 27 North Hanover Street, Carlisle, Pennsylvania, should
it become vacated, on the same terms and conditions as contained herein, except for the rental charges, during the term
of this Lease, or any renewal thereof. The rent shall be as agreed upon by'the parties,except that it shall be the sum of
Five-Hundred($500.00)Dollars per month if said option is exercised on or before ten days after the premises at 27 North
Hanover Street becomes vacated. Further, if said option is not exercised, or if the parties are unable to agree upon a
rental amount,within thirty(30)days after request by Lessor to exercise said option, it shall automatically expire and be
of no further legal effect whatsoever.
17. Lessees shall have the right of first refusal to purchase said building during the term of this Lease or any renewal
thereof. If Lessees fail to enter into a contract on identical terms to that of any bona fide offer made to Lessor for the
purchase of said building within five(5)days of notice to Lessees of said offer,this right of first refusal shall automatically
expire and be of no further legal effect whatsoever.
18. The premises are to be kept in a clean, sanitary and safe condition. Subject to reasonable wear and tear,the
premises shall be retumed to Lessor in substantially the same condition as at the outset of this Lease (except for any
additions, improvements or fixtures made or added with the permission of the Lessor).
19. it is understood and agreed between the parties hereto that written notice mailed or delivered to the premises leased
hereunder shall constitute sufficient notice to the Lessees and written notice mailed or delivered to 29 North Hanover
Street Apartment 1, Carlisle, Pennsylvania 17013, or at such other place as the Lessor may from time to time designate
in writing,shall constitute sufficient notice to the Lessor,to comply with terms of this Agreement.
20. The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise
promptly any rights given hereunder shall not operate to forfeit any of the said rights.
21. This contract shall bind the Lessor and his assigns or successors, and the heirs, assigns, administrators, legal
representatives,executors or successors as the case may be, of the Lessees.
IN WITNESS WHEREOF,the parties hereto,with the intent to be legally bound hereby, h ve hereunto set their hands
and seal or the purposes herein ressed,thp.dWAand year first above w7n.
ames rsil Lessor: V� Larry J. Devlin
i ess: mily Phoua h e� Lessee: Lenh Phouasalith
Lessee: Soumaly Onela y
Lessee: Phaviny B. hoenfeit
LENH PHOUASALITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 12—4145 CIVIL TERM
LARRY J. DEVLIN, and :
JAMES B. JERSILO,
Defendants : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Paul M. Ferguson, hereby certify that on this day, I served a true and correct copy of
the attached Complaint, by depositing same in the United States Mail, first class,postage pre-
paid, from Carlisle, Pennsylvania, addressed as follows:
Karl E. Rominger, Esquire (Attorney for Defendant Larry J. Devlin)
Rominger& Associates
155 South Hanover Street
Carlisle, PA 17013
James B. Jersilo
29 North Hanover Street, Apt. 1
Carlisle, PA 17013
TURO ROBINSON
Attorneys at Law
,951_ 0 f ,13
Dad gaul M. Ferguson
Supreme Ct. No. 203293
129 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
Karl E. Rominger,Esquire ORIGINg Rominger&Associates
PA Attorney License No. 81924
155 South Hannover Street
Carlisle,PA 17013
(717)241-6070
Fax (717) 241-6878
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION c
LENH PHOUASALITH, IN THE COURT OF COMII 'LE�S .'7_
Plaintiff : CUMBERLAND COUNTY,
SFr,
PENNSYLVANIA C/r•- " (-;
-1> Z- C�D 3
—IC-)
V. NO: 12-4145 C-:r
LARRY J.DEVLIN and ::C:
JAMES B. JERSILO CIVIL ACTION-LAW r-- 1-74 '
Defendant �` .,.-
PRAECIPE ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendant Jeffrey Morrett et.al.
ROMINGER& ASSOCIATES
Date:
K41 E. Rominger, Esquire
Attorney for Defendant
155 South Hanover Street
Carlisle,PA 17013
Supreme Court ID# 81924
(717)241-6070
R R
Karl E. Rominger,Esquire l
, 11311, �_ 24 FM2: 4 /j
Rominger&Associates
PA Attorney License No. 81924 CUMBERLAND f.HN T .t
155 South Hannover Street P E N N j Y LVA A
Carlisle,PA 17013
(717)241-6070
Fax(717)241-6878
Attorney for Defendant
LENH PHOUASALITH, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V. NO: 12-4145
LARRY J.DEVLIN and
JAMES B. JERSILO CIVIL ACTION—LAW
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages,you must take action within twenty(20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the Court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 Bedford Street
Carlisle,PA 17013
(717)249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se
presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20)
dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un
abogado una comparecencia escrita
y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en
contra suya. Se la advierte de que si usted falla de tomar accion como se describe anteriormente, el caso
puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin
mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO,LLAME 0 VAYA A LA
SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA
LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 Bedford Street
Carlisle,PA 17013
(717)249-3166
AMERICAN WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the American with
Disabilities Act of 1990. For more information about accessible facilities and reasonable
accommodations available for disabled individuals having business before the Court,please contact the
Court of Common Pleas of Cumberland County. All arrangements must be made at least 72 hours prior
to any hearing or business before the Court. You must attend the scheduled conference of hearing.
Karl E. Rominger, Esquire
Rominger&Associates
PA Attorney License No. 81924
155 South Hannover Street
Carlisle,PA 17013
(717)241-6070
Fax(717) 241-6878
Attorney for Defendants
LENH PHOUASALITH, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V. NO: 12-4145
LARRY J.DEVLIN and
JAMES B. JERSILO CIVIL ACTION—LAW
Defendant
DEFENDANT'S ANSWER TO COMPLAINT
Defendants, Larry J. Devlin, and James B. Jersilo come by and through his attorney Karl
E. Rominger, Esquire to Answer Plaintiff's Complaint as follows:
1. ADMITTED
2. ADMITTED
3. DENIED. Strict proof demanded.
4. ADMITTED
5. ADMITTED
6. ADMITTED
7. ADMITTED
8. ADMITTED
9. DENIED. Strict proof demanded.
10. DENIED Strict proof demanded.
11. DENIED Strict proof demanded.
12. DENIED Strict proof demanded.
13. ADMITTED/DENIED IN PART By way of further answer, it is admitted only that
Plaintiff closed Lily Cafe,but is denied in reference to plaintiff's personal property remaining in
the premises. Strict proof demanded.
14. DENIED. Strict proof demanded.
15. DENIED. Strict proof demanded.
16. DENIED Strict proof demanded.
17. DENIED Strict proof demanded.
18. DENIED Strict proof demanded.
19. DENIED Strict proof demanded.
20. DENIED Strict proof demanded.
21. DENIED Strict proof demanded.
22. No response required.
23. ADMITTED
24. ADMITTED
25. DENIED Strict proof demanded.
26. DENIED Strict proof demanded.
27. DENIED Strict proof demanded.
28. No response required
29: DENIED. Strict proof demanded.
30. DENIED Strict proof demanded.
31. DENIED Strict proof demanded.
32. No response required.
33. ADMITTED
34. ADMITTED
35. DENIED Strict proof demanded.
36. DENIED. By way of further answer Defendant is unable to determine the involvement
of Plaintiff's operation.
37. DENIED Strict proof demanded.
38. DENIED Strict proof demanded.
39. No response required.
40. DENIED Strict proof demanded.
41. DENIED Strict proof demanded.
42. DENIED Strict proof demanded.
43. DENIED Strict proof demanded.
44. DENIED Strict proof demanded.
45. DENIED Strict proof demanded.
46. DENIED Strict proof demanded.
Respectfully submitted,
ROMINGER&ASSOCIATES
""\---------------:��
K r E.Rominger, Esquire
155 South Hanover Street
Carlisle,PA 17013
(717)241-6070
Supreme Court ID# 81924
Attorney for Defendants
Karl E. Rominger,Esquire
Rominger&Associates
PA Attorney License No. 81.924
155 South Hannover Street
Carlisle,PA 17013
(717)241-6070
Fax(717)241-6878
Attorney for Defendants
LENH PHOUASALITH, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V. NO: 12-4145
LARRY J.DEVLIN and
JAMES B. JERSILO CIVIL ACTION—LAW
Defendant
VERIFICATION
Karl E.Rominger, Esquire, states that he is the attorney for Defendant, Larry Devlin in this
action; that he makes this affidavit as attorney because he has sufficient knowledge or information and
belief,based upon his investigation of the matters averred or denied in the foregoing document, and the
Plaintiff was unavailable to sign the verification within the time allowed for filing the pleading; and that
this statement is made subject to the penalties of 18 Pa. C.S.Pa.C.S. §4904,relating to unsworn
falsification to authorities.
Respectfully Submitted,
01VIINGER&ASSOCIATES
19a
_
Karl A Rominger,Esquire
Attorney for Defendants
155 South Hanover Street
Carlisle,PA 17013
Supreme Court ID# 81924
(717)241-6070
Karl E.Rominger,Esquire
Rominger&Associates
PA Attorney License No. 81924
155 South Hannover Street
Carlisle,PA 17013
(717)241-6070
Fax(717)241-6878
Attorney for Defendants
LENH PHOUASALITH, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V. NO: 12-4145
LARRY J.DEVLIN and
JAMES B. JERSILO CIVIL ACTION—LAW
Defendant
CERTIFICATE OF SERVICE
I do hereby certify that on this date, I caused the foregoing Answer to Complaint as filed with the
Office of the Prothonotary for Cumberland County, Pennsylvania to be served by mailing a copy to the
Plaintiff via U. S.Mail,via first class mail,postage pre-paid, addressed as follows:
Paul M. Ferguson, Esquire
Turo Robinson
129 South Pitt Street
Carlisle ,PA 17013
Date: `"1c.-'
Kar E. Rominger, Esquire
155 S.Hanover Street
Carlisle, PA 17013
Phone: (717)241 -6070
Supreme Court ID#: 81924
Attorney for Defendants.
LENH PHOUASALITH, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V. NO: 12-4145
LARRY J.DEVLIN and
JAMES B. JERSILO CIVIL ACTION—LAW
Defendant
AMENDED PRAECIPE ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendants Larry J. Devlin and James B.
Jersilo.
Respectfully submitted,
- ROMINGER& ASSOCIATES
Date:
Karl Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013 _
(717) 241-6070
Supreme Court ID # 81324 c ;M.
Attorney for Plaintiffs
z�
LENH PHOUASALITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 12—4145 CIVIL TERM
•
LARRY J. DEVLIN, and
•
JAMES B. JERSILO,
Defendants : JURY TRIAL DEMANDED
ORDER OF COURT
AND NOW, this day of , 2014, in consideration of the
foregoing Petition, , Esq., , Esq.,
and , Esq., are appointed arbitrators in the above-captioned action
as prayed for.
BY THE COURT,
, P.J.
r
tea.
LENH PHOUASALITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 12—4145 CIVIL TERM
r
LARRY J. DEVLIN, and
JAMES B. JERSILO, • �' =
Defendants : JURY TRIAL DEMANDED <�
-
PETITION FOR APPOINTMENT OF ARBITRATORS r-_
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Paul M. Ferguson, Esquire, of Turo Robinson Attorneys at Law, counsel for the Plaintiff
in the above action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $49,000.00.
The counterclaim of the Defendant in the action is $0.00.
The following attorneys are interested in the case as counsel or are otherwise disqualified
to sit as arbitrators:
Any attorney at Turo Robinson, Attorneys at Law
Karl E. Rominger, Esquire and any other attorney at Rominger& Associates
WHEREFORE, YOUR Petitioner prays this Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully Submitted,
TURO ROBINSON
Attorneys at Law
0 37,44( __-L
Date Paul M. Ferguson
Supreme Court No. 203293
129 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
��sapd- 4
04-
kedl 3 0325/
L r
LENH PHOUASALITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 12—4145 CIVIL TERM
•
LARRY J. DEVLIN, and
•
JAMES B. JERSILO,
Defendants : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Paul M. Ferguson, hereby certify that on this day, I served a copy of the attached
Petition for Appointment of Arbitrators, by depositing same in the United States Mail, first class,
postage pre-paid, from Carlisle, Pennsylvania, addressed as follows:
Karl E. Rominger, Esquire
Rominger& Associates
155 South Hanover Street
Carlisle, PA 17013
TURO ROBINSON
Attorneys at Law
Date Paul M. Ferguson
Supreme Ct. No. 203293
129 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
r
LENH PHOUASALITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 12—4145 CIVIL TERM
LARRY J. DEVLIN, and
JAMES B. JERSILO, •
Defendants : JURY TRIAL DEMANDED
ORDER OF COURT
AND NOW, this ift4 day of lhei/La , 2014, in consideration of the
foregoing Petition, „1„, . , Esq., . cf2i/LEsq.,
and Aelf Esq., are appointed arbitrators in the above-captioned action
as prayed for.
BY THE COURT,
44,
, P.J.
ka r L /20 11,1 ef
•••''' .T14 ro pi se, r-
Leff ei iyta, /61 2/,)
Steven R. Snyder, Esquire
Attorney at Law
PA Attorney License No. 90994
635 Glenbrook Drive
Harrisburg, PA 17110
(717) 975 -7799
Fax (717) 526 -2044
stevenrsnyderesq@gmail.com
Attorney for Defendants
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LENH PHOUASALITH
v.
Plaintiff
: CIVIL ACTION AT LAW
LARRY J. DEVLIN : DOCKET NO. 12 -4145
JAMES B. JERSILO : JURY TRIAL DEMANDED
Defendants
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendants in the above captioned matter.
Date: 6/i 3 f/ t
Steven R. Snyder, Esq ire
Attorney at Law
PA Attorney License No. 90994
635 Glenbrook Drive
Harrisburg, PA 17110
(717) 975 -7799
Fax (717) 526 -2044
stevenrsnyderesq@gmail.com
Attorney for Defendants
CERTIFICATE OF SERVICE
I do hereby certify that on the date written below, I caused a copy of the foregoing to be
served by U. S. Mail, first class, postage pre -paid, to the following individuals:
Paul M. Ferguson, Esquire
Turo Robinson
129 South Pitt Street
129 South Pitt Street
Carlisle, PA 17013
Date: X113/ • 4-kiAplei,
A. Paralegal
Kathy Y Y � g
J
Steven R. Snyder, Esquire
Attorney at Law
Supreme Court I.D. No. 90994
635 Glenbrook Drive
Harrisburg, PA 17110
(717) 975 -7799
Fax (717) 526 -2044
steyenrsnyderesq@gmail.com
Attorney for Defendants
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LENH PHOUASALITH
Plaintiff
v.
LARRY J. DEVLIN and
JAMES B. JERSILO
Defendants
: DOCKET NO. 12 -4145
: CIVIL ACTION AT LAW
: JURY TRIAL DEMANDED
MOTION FOR CONTINUANCE
AND NOW, comes Defendants, by and through their attorney, Steven R. Snyder, Esquire
and files the within Motion for Continuance and avers as follows:
1. The above - captioned case is listed for Arbitration on June 19, 2014.
2. Defendants previous Counsel has been disbarred.
3. Defendant's new Counsel is in need of time to do discovery.
4. Plaintiff's Counsel was contacted regarding this matter and does not oppose the
continuance.
5. No other continuances have been requested in this matter.
6. WHEREFORE, Defendants respectfully requests that the arbitration in the above -
captioned matter be continued until such time as the Defendants Counsel has completed
Discovery.
Date:
Respectfully submitted,
Steven R. Snyder, >quire
Supreme Court I.D. No. 90994
635 Glenbrook Drive
Harrisburg, PA 17110
Phone: (717) 975 -7799
Facsimile: (717) 526 -2044
Email: stevenrsnyderesq @gmail.com
Attorney for the Defendants
CERTIFICATE OF SERVICE
I hereby certify that on the date written below, a true and correct copy of the foregoing
Defendants Motion for Continuance was served by First Class Mail to:
Paul M. Ferguson, Esquire
Turo Robinson
129 South Pitt Street
Carlisle, PA 17013
Dated:
Kathy A. Srf'der
Paralegal
LENH PHOUASALITH : COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 12-4145
: CIVIL ACTION AT LAW
V.
LARRY J. DEVLIN and
JAMES B. JERSILO
Defendants
: JURY TRIAL DEMANDED
AND NOW this PL.day o
ORDER
Motion for Continuance is APPROVED.
Distribution:
Paul M. Ferguson, Esquire
Turo Robinson
129 South Pitt Street
Carlisle, PA 17013
/Steven R. Snyder, Esquire
635 Glenbrook Drive
Harrisburg, PA 17110
et>rieS
4. giti
2014, it is hereby ORDERED that Defendant's
BY THE COURT: