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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
, March 2024 1:49:11 PI
CASE NUMBER: 2024 CV 01514 Docket ID: 181262665
Mike Fol
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CINCINNATI INSURANCE COMPANY Case No.
P.O. Box 145496
Cincinnati, Ohio 45250-5496 Judge
Plaintiff,
“Ve
ROBERT JACKSON
4429 Shorham Court
Trotwood, Ohio 45426 COMPLAINT
and
DONNA JACKSON
4429 Shorham Court
Trotwood, Ohio 45426
Defendants.
Now comes Plaintiff, Cincinnati Insurance Company (hereinafter “CIC”), by and through
counsel, and for its Complaint states as follows:
COUNT I-NEGLIGENCE
1 On or about May 17, 2022, at or near 4429 Shorham Court, Trotwood,
Montgomery County, Ohio, Defendants Robert Jackson and/or Donna Jackson negligently
started a fire at the said location and thereby caused extensive smoke and fire damage to the said
location.
2 Upon information and belief, Defendants’ negligent conduct, includes, but is not
limited to: the abuse of an extension cord in a bedroom at the residence, which caused heating
and sparking and ignited surrounding combustibles which started the fire.
3. At the time of the fire, Defendants Robert Jackson and/or Donna Jackson
(“Defendants”) were tenants and renting 4429 Shorham Court, Trotwood, Montgomery County,
Ohio (the “rental unit”) from Emerging Properties, LLC. Emerging Properties, LLC is the owner
of the rental unit.
4 Prior to said incident, Plaintiff CIC issued a policy of insurance to Emerging
Properties, LLC. (“Insured”). Said policy was subject to a $500.00 deductible.
5. As a direct and proximate result of Defendants’ negligent conduct, the Insured
incurred damages to its property and the rental unit in the amount of $267,433.53 and pursuant to
the terms and conditions of said policy, CIC paid to or on behalf of the Insured the sum of
$266,933.53.
6 By reason of said payments, CIC became subrogated to the rights and interests of
its Insured in the preceding amounts.
COUNT II - NEGLIGENCE PER SE
7 Plaintiff restates each and every allegation as set forth in paragraphs 1 through 6
of its Complaint.
8 As described supra, Defendants intentionally and/or negligently destroyed,
defaced, and/or damaged the rental unit in violation of O.R.C. § 5321.05.
9 As a direct and proximate result of Defendants’ negligent conduct and negligence
per se, the Insured incurred damages to its property and the rental unit in the amount of
$267,433.53 and pursuant to the terms and conditions of said policy, CIC paid to or on behalf of
the Insured the sum of $266,933.53.
10. By reason of said payments to its Insured, CIC became subrogated to the rights
and interests of its Insured in the preceding amounts.
COUNT III—BREACH OF CONTRACT
11. Plaintiff restates each and every allegation as set forth in paragraphs 1 through 10
of its Complaint.
12. Defendants signed a lease with Emerging Properties, LLC. The lease is attached
as Exhibit “A” and is incorporated into this Complaint (hereinafter “lease”).
13. The lease holds the Defendants liable for fire damage to the rental unit.
14, The Insured has fully complied with the terms of the lease.
15. The Defendants breached by the lease, including but not limited to, negligently
starting a fire in the rental unit, as described in the first count, thereby causing fire damage to the
rental unit. Defendants had a duty to operate all electrical fixtures properly.
16. As a direct and proximate result of Defendants’ breach of contract, the Insured
incurred damages to its property and the rental unit in the amount of $267,433.53 and pursuant to
the terms and conditions of said policy, CIC paid to or on behalf of the Insured the sum of
$266,933.53.
17. By reason of said payments to its Insured, CIC became subrogated to the rights
and interests of its Insured in the preceding amounts and now brings this subrogation complaint
against the Defendants.
WHEREFORE, Plaintiff, Cincinnati Insurance Company, demands judgment against
Defendants, Robert Jackson and Donna Jackson, jointly and severally, in the amount of
$266,933.53, plus interest as provided by law and court costs.
Respectfully submitted,
/s/ Matthew M. Schmidt
Matthew M. Schmidt (0072898)
Legal Litigation Department
P.O. Box 145496
Cincinnati, Ohio 45250-5496
(513) 371-7871; (513) 870-2900 Fax
Matt_Schmidt@ staffdefense.com
Attomey for Plaintiff
REQUEST FOR SERVICE
Please issue service of summons and the Complaint upon Defendants by certified mail,
return receipt requested, at the addresses set forth in the caption above.
/s/ Matthew M. Schmidt
Matthew M. Schmidt (0072898)
Emerging Prop 3920660
LEASE AGREEMENT
This Lease (hereinafter referred to as the Lease) is made this day of March, 2007 by
and between EMERGING PROPERTIES, LLC, an Ohio limited liability company, whose address is 137
N, Main Street, Suite 500, Dayton, Ohio 45402, (hereinafter referred to as the “Lessor”) and ROBERT
JACKSON and DONNA JACKSON (hereinafter referred to jointly and severally as the “Tenant”). The
covenants and conditions stated in the Lease shall bind both the Lessor and the Tenant, jointly and
severally.
1. PREMISES LEASED. The Lessor, in consideration of the rent to be paid, and covenants and
agreements to be performed by the Tenant, does hereby lease the following described premises located at:
4429 SHOREHAM COURT, TROTWOOD, OHIO (hereinafter referred to as the Premises), The
Premises shall include the following personal property owned by the Lessor: Microwave, Dishwasher,
Washer and Dryer, and Craftsman Lawnmower. The Tenant owns the refrigerator and stove.
2. LEASE TERM. The Tenant agrees to occupy said Premises for an original term commencing
April 1, 2007, and ending March 31, 2008. The Lease shall automatically renew on a year-to-year basis
unless notice is given as stated in paragraph 7.
3. RENT. The Tenant agrees to pay as rent for the Premises for the first year of the Lease $550.00
dollars per month to be paid in advance of the first day of each month during the said term. All payments of
rent shall be made at: 137 N. Main Street, Suite 500, Dayton, Ohio 45402, or at such other place as Lessor
may hereafter designate in writing. Rent is due on or before the first day of each month (the due date),
If all rent is not received on or before the first day of the month, the Tenant agrees to pay an initial
late charge of $5.00 plus a late charge of $5.00 after ten (10) days, if rent remains unpaid. All funds
received shall be applied to: dishonored check charges; late charges; damage charges; utility charges;
delinquent rent; and current rent, in that order.
If payment is made by check that is returned, the Tenant agrees to pay a charge of $30.00 in
addition to the initial and daily late charges, if applicable.
The Lessor may, at any time, require that all rent and other sums be paid in either certified or
cashier's check, money order, or one monthly check rather than multiple checks, Cash shall not be accepted
without the Lessor's prior written consent, which consent shall not be unreasonably withheld.
The Tenant agrees further that acceptance and/or refusal by the Lessor of the rent payment after
the due date shall in no manner constitute a waiver of the Lessor's rights in the event of the Tenant's failure
to make rental payments as herein prescribed and agreed, nor shall it be considered as a change in the date
upon which the Tenant is to pay said rent. Failure to demand the rent when due shall not constitute a waiver
by the Lessor, and the necessity of demand for the rent by the Lessor when the rent is overdue, is hereby
waived.
The Lessor agrees to notify the Tenant, in writing, at least thirty (30) days prior to the expiration
of the Lease, or any renewal thereof, of any increase in the rent charged for occupancy of the Premises.
4. OCCUPANCY. The Tenant agrees that only those persons listed below shall occupy the
Premises:
Name Date of Birth Name Date of Birth
Exhibit A
4429 Shoreham Court
No person shall be released from the covenants of the Lease without first obtaining the written
agreement of the other tenants and/or cosigners set forth herein and written approval of changes from the
Lessor. If such changes are agreed upon, all parties herein agree to make the necessary changes to the
Lease before changes are valid.
The Tenant agrees that the Premises are to be occupied for residential purposes only. The Premises
shall not be used or allowed to be used for any unlawful purpose, or for any purpose deemed hazardous by
the Lessor because of fire or any other risk or in any other manner which would disturb the peaceful, quiet
enjoyment of any other occupant of the apartment community of which the Premises are a part. The Lessor
reserves the right of eviction for the illegal manufacture, distribution, use or other illegal activities in
connection with controlled substances. A criminal conviction shall not be necessary before the Lessor can
institute an eviction action.
5. SECURITY DEPOSIT. The tenant agrees to deposit with the Lessor the sum of $550.00 as
security for his or her faithful performance under the Lease and by law. The Tenant agrees the deposit is
not an advance payment of rent and does not relieve the obligation to pay rent including rent for the last
month of occupancy. The Lessor, at the expiration of the Lease or hold-over tenancy, may apply the
security deposit for past due rent, fees, utilities, and/or for the cost of repairing damages beyond reasonable
wear and tear to the Premises caused by the Tenant, his/her guests, family or invitees. Also, abandonment
or vacating of the Premises by the Tenant before the end of the term shall result in the Lessor deducting
damages he has incurred from the security deposit. The Lessor shall attempt to mitigate any damages as a
result of abandonment. Each of the aforementioned tenants shall be jointly and severally responsible for all
losses incurred by the Lessor occasioned by the tenancy.
The Tenant agrees to provide the Lessor, in writing, a forwarding address upon vacating the
Premises. The Lessor agrees to return to the Tenant the security deposit, or whatever part has not been
applied in payment of any tenant obligations under the Lease, within thirty (30) days after the expiration or
any renewal of the Lease and delivery of possession of the Premises to the Lessor, whichever is last to
occur. Any deductions from the security deposit shall be itemized and identified in writing by the Lessor
during this same time period. This provision does not waive rights of the Lessor to seek damages in excess
of the security deposit. The Tenant agrees to reimburse the Lessor for any rent, fees, utilities due and/or
damages exceeding the security deposit.
6. KEYS. The Tenant will be provided keys to the entrance and garage doors. These keys may not
be duplicated. There will be a $30.00 re-keying charge for any of these keys not being returned upon
vacating.
7. MOVE OUT NOTICE AND RENEWAL. Unless another Lease is signed by the parties
hereto or unless written notice of termination is given by one party to the other at least thirty (30) days
before expiration of the Lease, the Lease shall be automatically renewed on a year to year basis. At least
thirty (30) days prior to renewal due date, written notice of intent to move out must be given to the Lessor
or the Lessor's agent. The Tenant's move-out notice may not terminate the Lease sooner than the end of the
Lease term or renewal period. The Tenant's move-out notice must terminate the Lease (check one): [] on
the last day of the month following the next rental due date, or [] on the exact day designated in the move-
out notice but no sooner than thirty (30) days prior to rental due date and after the notice. (If neither is
checked, the second option above shall control). Verbal notice is not sufficient.
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4429 Shoreham Court
8. UTILITIES. The Tenant shall pay for electricity, water, sewage and storm water, trash
disposal, cable TV and telephone. The Tenant shall not allow utilities, other than cable TV or telephone, to
be disconnected by any means (including non-payment of bill) until the end of the Lease term or renewal
period. The Tenant agrees to reimburse the Lessor for any utility bills paid by the Lessor during the
Tenant's responsibility to the Lease. Utilities shall be used only for normal household purposes and not
wasted.
9. PETS. There shall be no dogs, cats, or pets of any kind permitted in, on, or about the Premises,
or adjoining common areas (even temporarily), unless a written addendum with the Lessor consent is added
to the Lease which provides otherwise. If a pet has been in the apartment at any time during the Tenant's
term of occupancy (with or without the Lessor's consent), a charge may be made for defleaing, deodorizing,
and/or shampooing, and/or other damages occasioned by the pet.
10. INSURANCE. Tenant will be responsible for insuring all the Tenant's personal property
within the Premises. Therefore, it is strongly recommended that the Tenant purchase a Renter's Insurance
policy, and the Tenant hereby relieves the Lessor of all risk that can be insured thereunder.
I. E AND ASSIGNMENT/SUBLETTING. The Tenant agrees that the Premises shall be
used only as a dwelling unit and for no other purpose; nor shall Premises or any part thereof be sublet or
assigned, nor shall the number or name of occupants be increased or changed, without written consent of
the Lessor.
12. TENANT'S DUTIES: The Tenant shall:
A. Keep the Premises that he/she occupies and uses safe and sanitary;
B. Dispose of all rubbish, garbage, and other waste in a clean, safe and sanitary manner approved
by the Lessor;
C. Keep all plumbing fixtures in the premises or used by the Tenant as clean as their condition
permits;
D. Use and operate all electrical and plumbing fixtures properly;
E, Comply with the requirements on Tenants by all applicable state and local housing, health and
safety codes;
F. Personally refrain, and forbid any other person who is on the Premises with his/her permission,
from intentionally or negligently destroying, defacing, damaging, or removing any fixture,
appliance or, other part of the Premises;
G, Maintain in good working order and condition any sink plumbing fixtures, diposal, range,
refrigerator, washer, dryer, dishwasher, whether or not supplied by Lessor, or other appliances
supplied by the Lessor;
H. Promptly notify the Lessor of the need for repairs;
I. Conduct him/herself and require other persons on Premises with his consent to conduct
themselves in a manner that will not disturb his neighbors’ "peaceful enjoyment" of the Premises;
J. Not unreasonably withhold consent for the Lessor or his/her agents to enter the Premises;
K. Conduct himself, and require persons in his household and persons on the Premises with his
consent to conduct themselves, in connection with the Premises so as not to violate the
prohibitions contained in Chapters 2925. and 3719. of the Revised Code, or in municipal
ordinances that are substantially similar to any section in either of those chapters, which relate to
controlled substances;
L. Tenant shall regularly test all smoke detectors, supply electric current thereto (Battery or
Page
3 of 6
a
4429 Shoreham Court
electric current if required by lease), and notify Lessor of any mechanical failure, need for repair,
or replacement.
M. Tenant shall be responsible for supplying running water, reasonable amounts of hot water and
reasonable amounts of heat as the Premises are so constructed that the heat or the hot water is
generated by an installation within the exclusive control of the Tenant and supplied by a direct
utility connection;
N. Mow the lawn grass and maintain the shrubbery and plants in a well-trimmed and weed-free
condition.
13. LESSOR'S DUTIES: The Lessor shall:
A. Comply with the requirements of all applicable building, housing, health and safety codes that
materially affect health and safety;
B. Make all repairs and do whatever is reasonably necessary to put and keep the Premises in a fit
and habitable condition;
C. Maintain in good and safe working order and condition all electrical, plumbing, sanitary,
heating, ventilating and air-conditioning fixtures and appliances, and elevators, supplied, or
required to be supplied by the Lessor;
D. Except in the case of emergency, or if it is impractical to do so, give the Tenant at least twenty-
four (24) hours notice of his intent to enter and enter only at reasonable times;
E. Not abuse the right of access as described in this Lease;
F. Lessor shall furnish and repair smoke detectors as required by law.
14, CONDITIONS OF PREMISES and ALTERATIONS. The Tenant accepts the Premises AS
IS, except for conditions materially affecting health or safety of ordinary persons, and except as otherwise
indicated on the inventory and condition form described below, the Lessor makes no implied warranties.
The Lessor shall provide an inventory and condition form to the Tenant on or before move-in. Within seven
(7) days after move-in, the Tenant shall note all defects or damages on the form and return it to the Lessor's
agent; otherwise the Premises shall be presumed to be in clean, safe and good working condition. The
Tenant shall use customary diligence in care of the apartment and common areas. Whenever damage is
caused by the Tenants, the Tenant's guests, or occupants due to carelessness, misuse, neglect, or failure to
notify the Lessor of any need for repairs, the Tenant agrees to pay (1) the cost of all repairs and do so
within thirty (30) days after receipt of the Lessor's demand for the repair charges; and (2) rent for the period
the unit is damaged whether or not the unit is habitable. The Tenant may not perform any repairs, painting,
wallpapering, carpeting, electrical changes, or other alterations to the Lessor's property except as authorized
by the Lessor in writing. No holes or stickers are allowed inside or outside the apartment; however, a
reasonable number of small nail holes for picture hanging are permitted. No water furniture, antennae,
additional phone or TV cable outlets, alarm systems, or lock changes, additions, or rekeying shall be
permitted except by the Lessor's prior written consent. The Tenant shall not disable, disconnect, alter or
remove the Lessor's property, including security devices, alarm systems, smoke detectors, appliances,
furniture, screens. When the Tenant moves in, the Lessor shall furnish light bulbs for fixtures furnished by
the Lessor; thereafter, light bulbs of the same wattage shall be replaced at the Tenant's expense. When
moving out, the Tenant shall surrender the Premises in the same condition as when received, reasonable
wear excepted.
The Lessor is not required to rebuild or restore the premises if said premises became uninhabitable
by reason of fire or other casualty caused by the negligence of the Tenants, Tenants’ guests, or occupants.
15. WHEN THE LESSOR MAY ENTER. The Lessor, or the Lessor's representatives may
peacefully enter the Premises during reasonable times for the purposes listed below, provided the Tenant or
the Tenant's guests are present. If no one is in the Premises, and request has been made for repair and/or
entry by the Tenant, the Lessor, or the Lessor's agents may enter peacefully and at reasonable times by
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4429 Shoreham Court
duplicate or master key, If the Lessor requests entry, a written notice shall be given to the Tenant twenty-
four (24) hours prior to entry. The Lessor reserves the right to enter the Premises without notice in case of
emergency. The Lessor reserves the right to enter by other means if locks have been changed in violation of
the Lease.
Such entry may be for: repairs, estimating repair or refurbishing costs; pest control; preventive
maintenance; filter changes; testing or replacing smoke detectors; retrieving unreturned tools or appliances;
preventing waste of utilities; delivering, installing, reconnecting, or replacing appliances, furniture,
equipment, security devices or alarm systems; removing or rekeying unauthorized security devices or
unauthorized alarm systems; removing health or safety hazards (including hazardous materials); inspections
when imminent danger to person or property is reasonably suspected; entry by a law enforcement officer
with search warrant or arrest warrant; showing apartment to prospective tenants (after vacating notice has
been given); or insurance agents; or other valid business purposes.
16. NON-LIABILITY. The Tenant acknowledges that any security measures provided by the
Lessor shall not be treated by the Tenant as a guarantee against crime or a reduction in the risk of crime.
The Lessor shall not be liable to the Tenant, the Tenant's guests, or occupants for injury, damage, or loss to
person or property caused by criminal conduct of other persons, including theft, burglary, assault,
vandalism, or other crimes. The Lessor shall not be liable to the Tenant, guest or occupant for personal
injury or damage or loss of personal property from fire, flood, water leaks, rain, hail, ice, snow, smoke,
lightning. wind, explosions, and interruption of utilities unless caused by the Lessor's negligence. The
Lessor has no duty to remove ice, sleet, or snow; but the Lessor may do so in whole or in part, with or
without notice. If the Lessor's employees are requested to render services not contemplated in the Lease,
the Tenant shall hold the Lessor harmless from all liability for same.
17. LEASE COMPLIANCE. The Lessor and the Tenant have, at all times, the right to require
compliance with all covenants, terms and conditions of the Lease, nonwithstanding any conduct or custom
on the Lessor’s or the Tenant's part in refraining from so doing at any time. Waiver at any time of any
breach or condition of the Lease shall not constitute or become a waiver of any subsequent breach, or
change any condition of the Lease. The Lessor, where not required by law, may discontinue any
facil ities, amenities, or such services rendered by the Lessor and furnished to several tenants on a
common basis, not expressly covenanted for herein, it being understood that they constitute no part
of the consideration for the Lease.
18. DEFAULT BY THE TENANT. In the event the Tenant is in default of any of the terms or
obligations of the Lease, violates and/or fails to comply with any of the covenants, terms, or conditions of
the Lease, or any community policies herein or hereafter adopted by the Lessor, said default shall constitute
grounds for termination of the Lease and/or eviction by the Lessor. It is expressly understood and agreed
that the Tenant shall be and remain liable for any deficiency in rent until the Lease expires or until such
time as in the interim, the Premises are leased by another acceptable tenant. The Tenant shall also be and
remain liable for any expense incidental to re-letting, cleaning costs beyond normal wear and tear, trash
removal, painting costs, utilities, or any other damages and costs which the Lessor has sustained by virtue
of the Tenant's use and occupancy of the Premises or default under the Lease.
Default by the Tenant: Providing any false information on the rental application shall also
constitute default under the terms of this lease agreement and, in such event, Lessor by terminate the
tenancy and evict the Tenant at the Lessor's sole and absolute discretion.
‘ 19. DEFAULT BY THE LESSOR. If the Lessor is in default of the obligations imposed by the
Lease, the Tenant may terminate the Lease by following these procedures (as directed by Revised Code
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4429 Shoreham Court
5321.07): (1) the Tenant shall make written request to the Lessor or Lessor's agents for repair or remedy of
the condition within a reasonable time, and all rents must be current at such time; after receiving the
request, the Lessor shall have the reasonable time to repair, or remedy, considering the nature of the
problem and reasonable availability of materials, labor and utilities, (reasonable time is considered to be not
more than thirty (30) days); if such time has passed and if the Lessor has not made a diligent effort to repair
or has not reported on the progress of remedy, then the Tenant may deposit all rent that is due, on or before
the due date, with the Clerk of Courts of the Municipal of County have jurisdiction or (2) the Tenant may
give written notice of intent to terminate the Lease unless the repair is made within thirty (30) days.
20. ENTIRE AGREEMENT. The Lease is the entire agreement between the Lessor and the
Tenant. No representations oral or written, not contained herein or attached hereto, shall bind either party,
except any attached Addendum. The Lessor or the Lessor's agents (including management personal and
other employees or agents) do not have authority to waive, amend or terminate the Lease or any part of it
and do not have authority to make promises, representations or agreements which impose duties of security
or other obligation on the Lessor or the Lessor's agents unless done in writing. No action or omission of the
Lessor's representative shall be deemed a waiver of any subsequent violation, default, or time or place of
performance.
21. SEVERABILITY. If any portion of the Lease is found to be void, unenforceable, or against
public policy, the remaining portions of the Lease shall not be affected.
22. BINDING EFFECT. The Lease is binding on the Lessor and the Tenant and on their
respective heirs, successors, executors, and administrators. The Consumer Sales Practices Act does not
apply to the Lease.
CAUTION TO ALL PARTIES: THE LEASE, WHEN SIGNED BY ALL PARTIES, IS A BINDING
LEGAL OBLIGATION. DO NOT SIGN WITHOUT FULLY UNDERSTANDING IT. CONSULT
AN ATTORNEY IF YOU HAVE ANY QUESTIONS.
The said Lessor and Tenant have executed the Lease in duplicate on the day and year first written
above.
LESSOR: TENANT:
Emerging Properties, LLC
Robert Jackson
Donna Jackson
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I hereby submit my application for the rental of property located at the above
described premises and/or apartment complex. As an inducement to the owner of
the property and to the agent to accept this application, I verify that all statements
as set forth above are true and correct to the best of my knowledge; however,
should any statement made above be a misrepresentation or not a true statement of
fact, the deposit, set forth below, will be retained to offset the agent's cost, time,
and effort in processing my application.
I hereby deposit $. as earnest money to be refunded to me if this
application is not accepted in 3 business banking days for reasons other than those
set forth above. Upon acceptance, this deposit shall be retained as part of the
security deposit.
When so approved and accepted, I agree to execute a lease for the above described
premises or with the apartment complex before possession is given and to pay the
balance of the security deposit prior to the move in date. If the application is not
approved or accepted by the owner or agent, the deposit will be refunded, the
applicant hereby waiving any claim for damages by reason of non-acceptance for
which the owner or agent may reject. I recognize that as a part of your procedure
for processing my application, an investigative consumer report may be prepared
whereby information is obtained through personal interviews with others with
whom I may be acquainted. This inquiry includes information as to my character. +
general reputation, personal characteristics and mode of living.
The above information, to the best of my knowledge, is true and correct.
Please sign:
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MAL 192007
Name of Applicant Date
Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS , March 2024 1:49:11 PI CASE NUMBER: 2024 CV 01514 Docket ID: 181262665 Mike Fol CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION CINCINNATI INSURANCE COMPANY Case No. P.O. Box 145496 Cincinnati, Ohio 45250-5496 Judge Plaintiff, “Ve ROBERT JACKSON 4429 Shorham Court Trotwood, Ohio 45426 COMPLAINT and DONNA JACKSON 4429 Shorham Court Trotwood, Ohio 45426 Defendants. Now comes Plaintiff, Cincinnati Insurance Company (hereinafter “CIC”), by and through counsel, and for its Complaint states as follows: COUNT I-NEGLIGENCE 1 On or about May 17, 2022, at or near 4429 Shorham Court, Trotwood, Montgomery County, Ohio, Defendants Robert Jackson and/or Donna Jackson negligently started a fire at the said location and thereby caused extensive smoke and fire damage to the said location. 2 Upon information and belief, Defendants’ negligent conduct, includes, but is not limited to: the abuse of an extension cord in a bedroom at the residence, which caused heating and sparking and ignited surrounding combustibles which started the fire. 3. At the time of the fire, Defendants Robert Jackson and/or Donna Jackson (“Defendants”) were tenants and renting 4429 Shorham Court, Trotwood, Montgomery County, Ohio (the “rental unit”) from Emerging Properties, LLC. Emerging Properties, LLC is the owner of the rental unit. 4 Prior to said incident, Plaintiff CIC issued a policy of insurance to Emerging Properties, LLC. (“Insured”). Said policy was subject to a $500.00 deductible. 5. As a direct and proximate result of Defendants’ negligent conduct, the Insured incurred damages to its property and the rental unit in the amount of $267,433.53 and pursuant to the terms and conditions of said policy, CIC paid to or on behalf of the Insured the sum of $266,933.53. 6 By reason of said payments, CIC became subrogated to the rights and interests of its Insured in the preceding amounts. COUNT II - NEGLIGENCE PER SE 7 Plaintiff restates each and every allegation as set forth in paragraphs 1 through 6 of its Complaint. 8 As described supra, Defendants intentionally and/or negligently destroyed, defaced, and/or damaged the rental unit in violation of O.R.C. § 5321.05. 9 As a direct and proximate result of Defendants’ negligent conduct and negligence per se, the Insured incurred damages to its property and the rental unit in the amount of $267,433.53 and pursuant to the terms and conditions of said policy, CIC paid to or on behalf of the Insured the sum of $266,933.53. 10. By reason of said payments to its Insured, CIC became subrogated to the rights and interests of its Insured in the preceding amounts. COUNT III—BREACH OF CONTRACT 11. Plaintiff restates each and every allegation as set forth in paragraphs 1 through 10 of its Complaint. 12. Defendants signed a lease with Emerging Properties, LLC. The lease is attached as Exhibit “A” and is incorporated into this Complaint (hereinafter “lease”). 13. The lease holds the Defendants liable for fire damage to the rental unit. 14, The Insured has fully complied with the terms of the lease. 15. The Defendants breached by the lease, including but not limited to, negligently starting a fire in the rental unit, as described in the first count, thereby causing fire damage to the rental unit. Defendants had a duty to operate all electrical fixtures properly. 16. As a direct and proximate result of Defendants’ breach of contract, the Insured incurred damages to its property and the rental unit in the amount of $267,433.53 and pursuant to the terms and conditions of said policy, CIC paid to or on behalf of the Insured the sum of $266,933.53. 17. By reason of said payments to its Insured, CIC became subrogated to the rights and interests of its Insured in the preceding amounts and now brings this subrogation complaint against the Defendants. WHEREFORE, Plaintiff, Cincinnati Insurance Company, demands judgment against Defendants, Robert Jackson and Donna Jackson, jointly and severally, in the amount of $266,933.53, plus interest as provided by law and court costs. Respectfully submitted, /s/ Matthew M. Schmidt Matthew M. Schmidt (0072898) Legal Litigation Department P.O. Box 145496 Cincinnati, Ohio 45250-5496 (513) 371-7871; (513) 870-2900 Fax Matt_Schmidt@ staffdefense.com Attomey for Plaintiff REQUEST FOR SERVICE Please issue service of summons and the Complaint upon Defendants by certified mail, return receipt requested, at the addresses set forth in the caption above. /s/ Matthew M. Schmidt Matthew M. Schmidt (0072898) Emerging Prop 3920660 LEASE AGREEMENT This Lease (hereinafter referred to as the Lease) is made this day of March, 2007 by and between EMERGING PROPERTIES, LLC, an Ohio limited liability company, whose address is 137 N, Main Street, Suite 500, Dayton, Ohio 45402, (hereinafter referred to as the “Lessor”) and ROBERT JACKSON and DONNA JACKSON (hereinafter referred to jointly and severally as the “Tenant”). The covenants and conditions stated in the Lease shall bind both the Lessor and the Tenant, jointly and severally. 1. PREMISES LEASED. The Lessor, in consideration of the rent to be paid, and covenants and agreements to be performed by the Tenant, does hereby lease the following described premises located at: 4429 SHOREHAM COURT, TROTWOOD, OHIO (hereinafter referred to as the Premises), The Premises shall include the following personal property owned by the Lessor: Microwave, Dishwasher, Washer and Dryer, and Craftsman Lawnmower. The Tenant owns the refrigerator and stove. 2. LEASE TERM. The Tenant agrees to occupy said Premises for an original term commencing April 1, 2007, and ending March 31, 2008. The Lease shall automatically renew on a year-to-year basis unless notice is given as stated in paragraph 7. 3. RENT. The Tenant agrees to pay as rent for the Premises for the first year of the Lease $550.00 dollars per month to be paid in advance of the first day of each month during the said term. All payments of rent shall be made at: 137 N. Main Street, Suite 500, Dayton, Ohio 45402, or at such other place as Lessor may hereafter designate in writing. Rent is due on or before the first day of each month (the due date), If all rent is not received on or before the first day of the month, the Tenant agrees to pay an initial late charge of $5.00 plus a late charge of $5.00 after ten (10) days, if rent remains unpaid. All funds received shall be applied to: dishonored check charges; late charges; damage charges; utility charges; delinquent rent; and current rent, in that order. If payment is made by check that is returned, the Tenant agrees to pay a charge of $30.00 in addition to the initial and daily late charges, if applicable. The Lessor may, at any time, require that all rent and other sums be paid in either certified or cashier's check, money order, or one monthly check rather than multiple checks, Cash shall not be accepted without the Lessor's prior written consent, which consent shall not be unreasonably withheld. The Tenant agrees further that acceptance and/or refusal by the Lessor of the rent payment after the due date shall in no manner constitute a waiver of the Lessor's rights in the event of the Tenant's failure to make rental payments as herein prescribed and agreed, nor shall it be considered as a change in the date upon which the Tenant is to pay said rent. Failure to demand the rent when due shall not constitute a waiver by the Lessor, and the necessity of demand for the rent by the Lessor when the rent is overdue, is hereby waived. The Lessor agrees to notify the Tenant, in writing, at least thirty (30) days prior to the expiration of the Lease, or any renewal thereof, of any increase in the rent charged for occupancy of the Premises. 4. OCCUPANCY. The Tenant agrees that only those persons listed below shall occupy the Premises: Name Date of Birth Name Date of Birth Exhibit A 4429 Shoreham Court No person shall be released from the covenants of the Lease without first obtaining the written agreement of the other tenants and/or cosigners set forth herein and written approval of changes from the Lessor. If such changes are agreed upon, all parties herein agree to make the necessary changes to the Lease before changes are valid. The Tenant agrees that the Premises are to be occupied for residential purposes only. The Premises shall not be used or allowed to be used for any unlawful purpose, or for any purpose deemed hazardous by the Lessor because of fire or any other risk or in any other manner which would disturb the peaceful, quiet enjoyment of any other occupant of the apartment community of which the Premises are a part. The Lessor reserves the right of eviction for the illegal manufacture, distribution, use or other illegal activities in connection with controlled substances. A criminal conviction shall not be necessary before the Lessor can institute an eviction action. 5. SECURITY DEPOSIT. The tenant agrees to deposit with the Lessor the sum of $550.00 as security for his or her faithful performance under the Lease and by law. The Tenant agrees the deposit is not an advance payment of rent and does not relieve the obligation to pay rent including rent for the last month of occupancy. The Lessor, at the expiration of the Lease or hold-over tenancy, may apply the security deposit for past due rent, fees, utilities, and/or for the cost of repairing damages beyond reasonable wear and tear to the Premises caused by the Tenant, his/her guests, family or invitees. Also, abandonment or vacating of the Premises by the Tenant before the end of the term shall result in the Lessor deducting damages he has incurred from the security deposit. The Lessor shall attempt to mitigate any damages as a result of abandonment. Each of the aforementioned tenants shall be jointly and severally responsible for all losses incurred by the Lessor occasioned by the tenancy. The Tenant agrees to provide the Lessor, in writing, a forwarding address upon vacating the Premises. The Lessor agrees to return to the Tenant the security deposit, or whatever part has not been applied in payment of any tenant obligations under the Lease, within thirty (30) days after the expiration or any renewal of the Lease and delivery of possession of the Premises to the Lessor, whichever is last to occur. Any deductions from the security deposit shall be itemized and identified in writing by the Lessor during this same time period. This provision does not waive rights of the Lessor to seek damages in excess of the security deposit. The Tenant agrees to reimburse the Lessor for any rent, fees, utilities due and/or damages exceeding the security deposit. 6. KEYS. The Tenant will be provided keys to the entrance and garage doors. These keys may not be duplicated. There will be a $30.00 re-keying charge for any of these keys not being returned upon vacating. 7. MOVE OUT NOTICE AND RENEWAL. Unless another Lease is signed by the parties hereto or unless written notice of termination is given by one party to the other at least thirty (30) days before expiration of the Lease, the Lease shall be automatically renewed on a year to year basis. At least thirty (30) days prior to renewal due date, written notice of intent to move out must be given to the Lessor or the Lessor's agent. The Tenant's move-out notice may not terminate the Lease sooner than the end of the Lease term or renewal period. The Tenant's move-out notice must terminate the Lease (check one): [] on the last day of the month following the next rental due date, or [] on the exact day designated in the move- out notice but no sooner than thirty (30) days prior to rental due date and after the notice. (If neither is checked, the second option above shall control). Verbal notice is not sufficient. Page 2 of 6 4429 Shoreham Court 8. UTILITIES. The Tenant shall pay for electricity, water, sewage and storm water, trash disposal, cable TV and telephone. The Tenant shall not allow utilities, other than cable TV or telephone, to be disconnected by any means (including non-payment of bill) until the end of the Lease term or renewal period. The Tenant agrees to reimburse the Lessor for any utility bills paid by the Lessor during the Tenant's responsibility to the Lease. Utilities shall be used only for normal household purposes and not wasted. 9. PETS. There shall be no dogs, cats, or pets of any kind permitted in, on, or about the Premises, or adjoining common areas (even temporarily), unless a written addendum with the Lessor consent is added to the Lease which provides otherwise. If a pet has been in the apartment at any time during the Tenant's term of occupancy (with or without the Lessor's consent), a charge may be made for defleaing, deodorizing, and/or shampooing, and/or other damages occasioned by the pet. 10. INSURANCE. Tenant will be responsible for insuring all the Tenant's personal property within the Premises. Therefore, it is strongly recommended that the Tenant purchase a Renter's Insurance policy, and the Tenant hereby relieves the Lessor of all risk that can be insured thereunder. I. E AND ASSIGNMENT/SUBLETTING. The Tenant agrees that the Premises shall be used only as a dwelling unit and for no other purpose; nor shall Premises or any part thereof be sublet or assigned, nor shall the number or name of occupants be increased or changed, without written consent of the Lessor. 12. TENANT'S DUTIES: The Tenant shall: A. Keep the Premises that he/she occupies and uses safe and sanitary; B. Dispose of all rubbish, garbage, and other waste in a clean, safe and sanitary manner approved by the Lessor; C. Keep all plumbing fixtures in the premises or used by the Tenant as clean as their condition permits; D. Use and operate all electrical and plumbing fixtures properly; E, Comply with the requirements on Tenants by all applicable state and local housing, health and safety codes; F. Personally refrain, and forbid any other person who is on the Premises with his/her permission, from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance or, other part of the Premises; G, Maintain in good working order and condition any sink plumbing fixtures, diposal, range, refrigerator, washer, dryer, dishwasher, whether or not supplied by Lessor, or other appliances supplied by the Lessor; H. Promptly notify the Lessor of the need for repairs; I. Conduct him/herself and require other persons on Premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ "peaceful enjoyment" of the Premises; J. Not unreasonably withhold consent for the Lessor or his/her agents to enter the Premises; K. Conduct himself, and require persons in his household and persons on the Premises with his consent to conduct themselves, in connection with the Premises so as not to violate the prohibitions contained in Chapters 2925. and 3719. of the Revised Code, or in municipal ordinances that are substantially similar to any section in either of those chapters, which relate to controlled substances; L. Tenant shall regularly test all smoke detectors, supply electric current thereto (Battery or Page 3 of 6 a 4429 Shoreham Court electric current if required by lease), and notify Lessor of any mechanical failure, need for repair, or replacement. M. Tenant shall be responsible for supplying running water, reasonable amounts of hot water and reasonable amounts of heat as the Premises are so constructed that the heat or the hot water is generated by an installation within the exclusive control of the Tenant and supplied by a direct utility connection; N. Mow the lawn grass and maintain the shrubbery and plants in a well-trimmed and weed-free condition. 13. LESSOR'S DUTIES: The Lessor shall: A. Comply with the requirements of all applicable building, housing, health and safety codes that materially affect health and safety; B. Make all repairs and do whatever is reasonably necessary to put and keep the Premises in a fit and habitable condition; C. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and air-conditioning fixtures and appliances, and elevators, supplied, or required to be supplied by the Lessor; D. Except in the case of emergency, or if it is impractical to do so, give the Tenant at least twenty- four (24) hours notice of his intent to enter and enter only at reasonable times; E. Not abuse the right of access as described in this Lease; F. Lessor shall furnish and repair smoke detectors as required by law. 14, CONDITIONS OF PREMISES and ALTERATIONS. The Tenant accepts the Premises AS IS, except for conditions materially affecting health or safety of ordinary persons, and except as otherwise indicated on the inventory and condition form described below, the Lessor makes no implied warranties. The Lessor shall provide an inventory and condition form to the Tenant on or before move-in. Within seven (7) days after move-in, the Tenant shall note all defects or damages on the form and return it to the Lessor's agent; otherwise the Premises shall be presumed to be in clean, safe and good working condition. The Tenant shall use customary diligence in care of the apartment and common areas. Whenever damage is caused by the Tenants, the Tenant's guests, or occupants due to carelessness, misuse, neglect, or failure to notify the Lessor of any need for repairs, the Tenant agrees to pay (1) the cost of all repairs and do so within thirty (30) days after receipt of the Lessor's demand for the repair charges; and (2) rent for the period the unit is damaged whether or not the unit is habitable. The Tenant may not perform any repairs, painting, wallpapering, carpeting, electrical changes, or other alterations to the Lessor's property except as authorized by the Lessor in writing. No holes or stickers are allowed inside or outside the apartment; however, a reasonable number of small nail holes for picture hanging are permitted. No water furniture, antennae, additional phone or TV cable outlets, alarm systems, or lock changes, additions, or rekeying shall be permitted except by the Lessor's prior written consent. The Tenant shall not disable, disconnect, alter or remove the Lessor's property, including security devices, alarm systems, smoke detectors, appliances, furniture, screens. When the Tenant moves in, the Lessor shall furnish light bulbs for fixtures furnished by the Lessor; thereafter, light bulbs of the same wattage shall be replaced at the Tenant's expense. When moving out, the Tenant shall surrender the Premises in the same condition as when received, reasonable wear excepted. The Lessor is not required to rebuild or restore the premises if said premises became uninhabitable by reason of fire or other casualty caused by the negligence of the Tenants, Tenants’ guests, or occupants. 15. WHEN THE LESSOR MAY ENTER. The Lessor, or the Lessor's representatives may peacefully enter the Premises during reasonable times for the purposes listed below, provided the Tenant or the Tenant's guests are present. If no one is in the Premises, and request has been made for repair and/or entry by the Tenant, the Lessor, or the Lessor's agents may enter peacefully and at reasonable times by Page 4 of 6 4429 Shoreham Court duplicate or master key, If the Lessor requests entry, a written notice shall be given to the Tenant twenty- four (24) hours prior to entry. The Lessor reserves the right to enter the Premises without notice in case of emergency. The Lessor reserves the right to enter by other means if locks have been changed in violation of the Lease. Such entry may be for: repairs, estimating repair or refurbishing costs; pest control; preventive maintenance; filter changes; testing or replacing smoke detectors; retrieving unreturned tools or appliances; preventing waste of utilities; delivering, installing, reconnecting, or replacing appliances, furniture, equipment, security devices or alarm systems; removing or rekeying unauthorized security devices or unauthorized alarm systems; removing health or safety hazards (including hazardous materials); inspections when imminent danger to person or property is reasonably suspected; entry by a law enforcement officer with search warrant or arrest warrant; showing apartment to prospective tenants (after vacating notice has been given); or insurance agents; or other valid business purposes. 16. NON-LIABILITY. The Tenant acknowledges that any security measures provided by the Lessor shall not be treated by the Tenant as a guarantee against crime or a reduction in the risk of crime. The Lessor shall not be liable to the Tenant, the Tenant's guests, or occupants for injury, damage, or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes. The Lessor shall not be liable to the Tenant, guest or occupant for personal injury or damage or loss of personal property from fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning. wind, explosions, and interruption of utilities unless caused by the Lessor's negligence. The Lessor has no duty to remove ice, sleet, or snow; but the Lessor may do so in whole or in part, with or without notice. If the Lessor's employees are requested to render services not contemplated in the Lease, the Tenant shall hold the Lessor harmless from all liability for same. 17. LEASE COMPLIANCE. The Lessor and the Tenant have, at all times, the right to require compliance with all covenants, terms and conditions of the Lease, nonwithstanding any conduct or custom on the Lessor’s or the Tenant's part in refraining from so doing at any time. Waiver at any time of any breach or condition of the Lease shall not constitute or become a waiver of any subsequent breach, or change any condition of the Lease. The Lessor, where not required by law, may discontinue any facil ities, amenities, or such services rendered by the Lessor and furnished to several tenants on a common basis, not expressly covenanted for herein, it being understood that they constitute no part of the consideration for the Lease. 18. DEFAULT BY THE TENANT. In the event the Tenant is in default of any of the terms or obligations of the Lease, violates and/or fails to comply with any of the covenants, terms, or conditions of the Lease, or any community policies herein or hereafter adopted by the Lessor, said default shall constitute grounds for termination of the Lease and/or eviction by the Lessor. It is expressly understood and agreed that the Tenant shall be and remain liable for any deficiency in rent until the Lease expires or until such time as in the interim, the Premises are leased by another acceptable tenant. The Tenant shall also be and remain liable for any expense incidental to re-letting, cleaning costs beyond normal wear and tear, trash removal, painting costs, utilities, or any other damages and costs which the Lessor has sustained by virtue of the Tenant's use and occupancy of the Premises or default under the Lease. Default by the Tenant: Providing any false information on the rental application shall also constitute default under the terms of this lease agreement and, in such event, Lessor by terminate the tenancy and evict the Tenant at the Lessor's sole and absolute discretion. ‘ 19. DEFAULT BY THE LESSOR. If the Lessor is in default of the obligations imposed by the Lease, the Tenant may terminate the Lease by following these procedures (as directed by Revised Code Page 5 of 6 4429 Shoreham Court 5321.07): (1) the Tenant shall make written request to the Lessor or Lessor's agents for repair or remedy of the condition within a reasonable time, and all rents must be current at such time; after receiving the request, the Lessor shall have the reasonable time to repair, or remedy, considering the nature of the problem and reasonable availability of materials, labor and utilities, (reasonable time is considered to be not more than thirty (30) days); if such time has passed and if the Lessor has not made a diligent effort to repair or has not reported on the progress of remedy, then the Tenant may deposit all rent that is due, on or before the due date, with the Clerk of Courts of the Municipal of County have jurisdiction or (2) the Tenant may give written notice of intent to terminate the Lease unless the repair is made within thirty (30) days. 20. ENTIRE AGREEMENT. The Lease is the entire agreement between the Lessor and the Tenant. No representations oral or written, not contained herein or attached hereto, shall bind either party, except any attached Addendum. The Lessor or the Lessor's agents (including management personal and other employees or agents) do not have authority to waive, amend or terminate the Lease or any part of it and do not have authority to make promises, representations or agreements which impose duties of security or other obligation on the Lessor or the Lessor's agents unless done in writing. No action or omission of the Lessor's representative shall be deemed a waiver of any subsequent violation, default, or time or place of performance. 21. SEVERABILITY. If any portion of the Lease is found to be void, unenforceable, or against public policy, the remaining portions of the Lease shall not be affected. 22. BINDING EFFECT. The Lease is binding on the Lessor and the Tenant and on their respective heirs, successors, executors, and administrators. The Consumer Sales Practices Act does not apply to the Lease. CAUTION TO ALL PARTIES: THE LEASE, WHEN SIGNED BY ALL PARTIES, IS A BINDING LEGAL OBLIGATION. DO NOT SIGN WITHOUT FULLY UNDERSTANDING IT. CONSULT AN ATTORNEY IF YOU HAVE ANY QUESTIONS. The said Lessor and Tenant have executed the Lease in duplicate on the day and year first written above. LESSOR: TENANT: Emerging Properties, LLC Robert Jackson Donna Jackson Page 6 of 6 RENTAL APPLIC ATION Equal Housing Opportunity — se } nN C/ iC bi ALEC ~ fIp Lil a 1. —me iit ld 10 4 + LE Lf oY J sit come ) / + eyr) as Let 7 7 & a memo rtiee 5473 Nopth ford hal (street address) Trotwood, OHI0 454A% (city) (state) (zip code) Duration of stay- fromQOO0 to O Reason for leaving: = foper Ty Sold Landlord: Landlord's telephone number: Landlord's address: (street address) (city) (state) (zip code) Previous address: (street address) (city) (state) (zip code) Duration of stay- from. to Reason for leaving: Landlord: Landlord's telephone number: Landlord's address: (street address) (city) ; (state) (zip code) /fu@m Cas [ kK. Ns i Ne | Y ain ly HI JY IY CoN 2fi Vs Co & } 4 Bly aes 74 A / afTtT1ang Ch CQ FT UKM EK GAVIfld S aes swe Arth Reference é | dia Beil Phone number: Address: pif Ais tN¢ (street address) Trotwood (city) (state) Ox; (zip code) 45426 Reference Name ‘Ban dy E s lame Alar dan EE Phone number: Address 5 4 = g (street address) Trstwoo @HI0 454 2@ (city) (state) Zip code) Reference Name: Phone number:__ Address’ (street address (city) (state) (zip code) 4 I hereby submit my application for the rental of property located at the above described premises and/or apartment complex. As an inducement to the owner of the property and to the agent to accept this application, I verify that all statements as set forth above are true and correct to the best of my knowledge; however, should any statement made above be a misrepresentation or not a true statement of fact, the deposit, set forth below, will be retained to offset the agent's cost, time, and effort in processing my application. I hereby deposit $. as earnest money to be refunded to me if this application is not accepted in 3 business banking days for reasons other than those set forth above. Upon acceptance, this deposit shall be retained as part of the security deposit. When so approved and accepted, I agree to execute a lease for the above described premises or with the apartment complex before possession is given and to pay the balance of the security deposit prior to the move in date. If the application is not approved or accepted by the owner or agent, the deposit will be refunded, the applicant hereby waiving any claim for damages by reason of non-acceptance for which the owner or agent may reject. I recognize that as a part of your procedure for processing my application, an investigative consumer report may be prepared whereby information is obtained through personal interviews with others with whom I may be acquainted. This inquiry includes information as to my character. + general reputation, personal characteristics and mode of living. The above information, to the best of my knowledge, is true and correct. Please sign: i] ! MAL 192007 Name of Applicant Date