Answer: CARTER, JAMES vs. JOHNSON, KAYE

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                                Filed on 08/06/2014 at 02:07 PM in Wayne County, Ohio

IN THE WAYNE COUNTY MUNICIPAL COURT

WOOSTER, OHIO

JAMES P. CARTER ) Case No. 2014-CV-F-1171
4157 Maidstone Lane
Medina, OH 44256 ) Judge VanSickle

Plaintiff )

v. ) ANSWER/COUNTERCLAIM
OF DEFENDANT KAYE

KAYE J. JOHNSON ) JOHNSON
6877 Millersburg Road
Wooster, OH 44691 )

Defendant )

Now comes Defendant, by and through counsel Attorney David M. Todaro, and for her

answer to Plaintiff's complaint, states as follows:

ANSWER
1. With respect to the allegations set forth in paragraphs 1-3, Defendant admits said claims.
2. With respect to the allegations set forth paragraphs 4-6, Defendant denies said claims.
3. With respect to any allegations herein not previously admitted or denied, Defendant

denies said claims.

AFFIRMATIVE DEFENSES
1. The Plaintiff has failed to state any claims upon which relief may be granted, in whole or
in part.
2. The Plaintiff, under the relevant circumstances, has no standing and/or lacks jurisdiction,
as set forth.

3. The Plaintiff's claims fail, in whole or in part, by the doctrines of waiver, release, set-off,Filed on 08/06/2014 at 02:07 PM in Wayne County, Ohio

estoppel, and/or laches.

4. The Plaintiff's claims are barred, in whole or in part, due to the applicable statute of
limitations;

5. The Plaintiff's claim is barred, in whole or in part, due to Plaintiff's failure to properly

mitigate its damages.

COUNTERCLAIM

1. Under the terms of the aforementioned parties’ agreement, Defendant, Kaye Johnson was
required to make a security deposit of $250.00.

2. Following a period of tenancy, the Defendant notified the Plaintiff, Mr. Carter, of her
intent to vacate on March 13, evidenced by his return letter dated March 17 (attached
hereto as Defendant’s Exhibit 1)

3. The Defendant ultimately returned possession of the premises to the Plaintiff on or about
April 26, 2014.

4. Since that time, Plaintiff has failed to return to the Defendant her security deposit, nor
provide her with a list of itemized deductions to which she is entitled pursuant to Ohio

Revised Code Section 5321.16(B).

WHEREFORE, Defendant Kaye Johnson respectfully requests this Court:
1. Dismiss the Plaintiff's complaint with prejudice.
2. Award judgment to the Defendant in the amount of $500.00, representing the value of Ms.
Johnson's security deposit, plus damages equal to the amount wrongfully withheld, pursuant to

Ohio Revised Code Section 5321.16(C).Filed on 08/06/2014 at 02:07 PM in Wayne County, Ohio

3. Award reasonable attorney's fees for the unlawful withholding of the Defendant’s security
deposit pursuant to Ohio Revised Code Section 5321.16(C).

4. Order that the Plaintiff pay the costs and expenses related to this suit.

RESPECTFULLY SUBMITTED,

avid M. Todarosq.
126 North Walnut St.
Wooster, Ohio 44691
Phone: (330) 262-2911
Fax: (330) 264-2977
Email: davidmtodaro@aol.com
Counsel for Defendant Kaye Johnson

INSTRUCTIONS FOR SERVICE

To the Clerk: If service of process by certified mail is returned by the postal service with
a notice that it was “refused™ or “unclaimed.” undersigned counsel respectfully waives notice

and authorizes the Clerk of Courts to use any necessary means for the sake of obtaining service.

“JFULLY SUBMITTED,

David M. Todaro, Esq.
126 North Walnut St.
Wooster, Ohio 44691
Phone: (330) 262-2911
Fax: (330) 264-2977
Email: davidmtodaro@aol.com
Counsel for Defendant Kaye Johnson