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CV-2013-11-5568 CMCO 11/27/2013 11:02:03 AM CORRIGALL JONES, AMY Page 1 of 4
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
RSJH PROPERTIES, LLC ) CASE NO.:
838 S. Main Street )
N. Canton, Ohio 44720 ) JUDGE:
)
Plaintiff, )
) COMPLAINT
v. ) (Breach of Retail Lease Agreement)
)
MYERS DRIVING SCHOOL, LTD. )
7877 Cleveland Avenue, NW )
Suite B )
N. Canton, Ohio 44720 )
)
And )
)
c/o Jeffrey C. Baehr, Registered Agent )
5122 Sheaters Drive )
N. Canton, Ohio 44720 )
)
Defendant. )
)
Now comes Plaintiff, RSJH Properties, LLC (“Plaintiff”), by and through its undersigned
counsel, and for its Complaint against Defendant, Myers Driving School, Ltd. (“Defendant”),
states as follows:
COUNT I
1. On or about August 30, 2013, Defendant entered into a lease as tenant of Plaintiff
for the premises located at 542 Graham Road, Cuyahoga Falls, Ohio (“Premises”). A true and
correct copy of said Lease (the “Lease”) is attached hereto as Exhibit “A” and incorporated by
reference herein.
CV-2013-11-5568 CMCO 11/27/2013 11:02:03 AM CORRIGALL JONES, AMY Page 2 of 4
2. Under the terms of the Lease, Defendant is required to pay a monthly rental fee of
$650.00 per month from November 1, 2013 through October 31, 2016, $700.00 per month from
November 1, 2016 through October 31, 2018, together with utility fees.
3. Under the terms of the Lease, Defendant is required to pay a monthly rental fee by
the first day of each month.
4. Defendant has failed to pay monthly rental fees and utility fees for the months of
November 2013 to the present.
5. Defendant has notified Plaintiff that Defendant has abandoned the Premises.
6. Abandonment of the Premises and failure to pay rent are acts of default by
Defendant under the terms of the Lease, including but not limited to Section 1501 of the Lease.
7. Under the terms of Section 2.02 of the Lease, Defendant is liable for a late fee of
$50.00 per month for all of the rental fees owed to Plaintiff.
8. On October 1, 2013, Plaintiff, by and through counsel, provided Defendant with
written notice of Defendant’s default under the Lease by virtue of Defendant’s abandonment of
the Premises, but Defendant has failed to cure its defaults. A true and correct copy of Plaintiff’s
counsel’s October 1, 2013 letter providing said notice to the Defendant is attached hereto as
Exhibit “B” and is incorporated by reference herein.
9. Plaintiff has declared all rent accelerated under the Lease by virtue of Defendant’s
defaults and is entitled to damages equal to the entire balance of rent due for the remainder of the
term of the Lease until October 31, 2018 in an amount not presently known but believed to be in
excess of $40,000, together with late fees, interest, reasonable attorneys’ fees and the costs of
this action.
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CV-2013-11-5568 CMCO 11/27/2013 11:02:03 AM CORRIGALL JONES, AMY Page 3 of 4
10. Plaintiff has fully performed all of the conditions and obligations to be performed
on its part, but Defendant has breached the terms of the Lease with Plaintiff by refusing to remit
the outstanding payments for rent, late fees, and utilities which are due and owing to Plaintiff
pursuant to the Lease, as well as by Defendant’s abandonment of the Premises.
11. Because of the Defendant’s failure to remit the outstanding payments for rent, late
fees, and utilities which are due and owing to Plaintiff pursuant to the Lease and Defendant’s
abandonment of the Premises, Plaintiff has been damaged in an amount not presently known, but
believed to be in excess of $40,000, together with late fees, interest, reasonable attorneys’ fees
and the cost of this action.
WHEREFORE, Plaintiff prays that Judgment be granted to Plaintiff, RSJH Properties,
LLC, and against Defendant, Myers Driving School, Ltd., in an amount not presently known, but
thought to be in excess of $40,000, plus late fees of $50.00 per month, together with interest,
reasonable attorneys’ fees and the cost of this action, as well as any and all other relief that this
Court may deem to be just and equitable.
Respectfully submitted,
BUCKINGHAM, DOOLITTLE & BURROUGHS, LLC
By: /s/ Matthew R. Duncan
Matthew R. Duncan #0076420
Joshua D. Nolan #0084592
3800 Embassy Parkway, Suite 300
Akron, Ohio 44333
Telephone: (330) 376-5300
Facsimile: (330) 258-6559
Email: MDuncan@bdblaw.com
JNolan@bdblaw.com
Attorneys for Plaintiff,
RSJH Properties, LLC
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CV-2013-11-5568 CMCO 11/27/2013 11:02:03 AM CORRIGALL JONES, AMY Page 4 of 4
INSTRUCTIONS FOR SERVICE
TO THE CLERK:
Please serve the foregoing Complaint upon Defendant by Certified Mail Service at the
address set forth in the Complaint.
/s/ Matthew R. Duncan
One of the Attorneys for the Plaintiff
PRAECIPE
TO THE CLERK:
Pursuant to the Ohio Rules of Civil Procedure, Plaintiff hereby requests that the Clerk of
Courts notify the undersigned counsel immediately upon the failure of certified mail service and
in such case, hereby requests that the Defendant be served by regular mail forthwith.
/s/ Matthew R. Duncan
One of the Attorneys for the Plaintiff
«AK3:1151723_v1»
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CV-2013-11-5568 CMCO 11/27/2013 11:02:03 AM CORRIGALL JONES, AMY Page 1 of 4 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO RSJH PROPERTIES, LLC ) CASE NO.: 838 S. Main Street ) N. Canton, Ohio 44720 ) JUDGE: ) Plaintiff, ) ) COMPLAINT v. ) (Breach of Retail Lease Agreement) ) MYERS DRIVING SCHOOL, LTD. ) 7877 Cleveland Avenue, NW ) Suite B ) N. Canton, Ohio 44720 ) ) And ) ) c/o Jeffrey C. Baehr, Registered Agent ) 5122 Sheaters Drive ) N. Canton, Ohio 44720 ) ) Defendant. ) ) Now comes Plaintiff, RSJH Properties, LLC (“Plaintiff”), by and through its undersigned counsel, and for its Complaint against Defendant, Myers Driving School, Ltd. (“Defendant”), states as follows: COUNT I 1. On or about August 30, 2013, Defendant entered into a lease as tenant of Plaintiff for the premises located at 542 Graham Road, Cuyahoga Falls, Ohio (“Premises”). A true and correct copy of said Lease (the “Lease”) is attached hereto as Exhibit “A” and incorporated by reference herein. CV-2013-11-5568 CMCO 11/27/2013 11:02:03 AM CORRIGALL JONES, AMY Page 2 of 4 2. Under the terms of the Lease, Defendant is required to pay a monthly rental fee of $650.00 per month from November 1, 2013 through October 31, 2016, $700.00 per month from November 1, 2016 through October 31, 2018, together with utility fees. 3. Under the terms of the Lease, Defendant is required to pay a monthly rental fee by the first day of each month. 4. Defendant has failed to pay monthly rental fees and utility fees for the months of November 2013 to the present. 5. Defendant has notified Plaintiff that Defendant has abandoned the Premises. 6. Abandonment of the Premises and failure to pay rent are acts of default by Defendant under the terms of the Lease, including but not limited to Section 1501 of the Lease. 7. Under the terms of Section 2.02 of the Lease, Defendant is liable for a late fee of $50.00 per month for all of the rental fees owed to Plaintiff. 8. On October 1, 2013, Plaintiff, by and through counsel, provided Defendant with written notice of Defendant’s default under the Lease by virtue of Defendant’s abandonment of the Premises, but Defendant has failed to cure its defaults. A true and correct copy of Plaintiff’s counsel’s October 1, 2013 letter providing said notice to the Defendant is attached hereto as Exhibit “B” and is incorporated by reference herein. 9. Plaintiff has declared all rent accelerated under the Lease by virtue of Defendant’s defaults and is entitled to damages equal to the entire balance of rent due for the remainder of the term of the Lease until October 31, 2018 in an amount not presently known but believed to be in excess of $40,000, together with late fees, interest, reasonable attorneys’ fees and the costs of this action. 2 CV-2013-11-5568 CMCO 11/27/2013 11:02:03 AM CORRIGALL JONES, AMY Page 3 of 4 10. Plaintiff has fully performed all of the conditions and obligations to be performed on its part, but Defendant has breached the terms of the Lease with Plaintiff by refusing to remit the outstanding payments for rent, late fees, and utilities which are due and owing to Plaintiff pursuant to the Lease, as well as by Defendant’s abandonment of the Premises. 11. Because of the Defendant’s failure to remit the outstanding payments for rent, late fees, and utilities which are due and owing to Plaintiff pursuant to the Lease and Defendant’s abandonment of the Premises, Plaintiff has been damaged in an amount not presently known, but believed to be in excess of $40,000, together with late fees, interest, reasonable attorneys’ fees and the cost of this action. WHEREFORE, Plaintiff prays that Judgment be granted to Plaintiff, RSJH Properties, LLC, and against Defendant, Myers Driving School, Ltd., in an amount not presently known, but thought to be in excess of $40,000, plus late fees of $50.00 per month, together with interest, reasonable attorneys’ fees and the cost of this action, as well as any and all other relief that this Court may deem to be just and equitable. Respectfully submitted, BUCKINGHAM, DOOLITTLE & BURROUGHS, LLC By: /s/ Matthew R. Duncan Matthew R. Duncan #0076420 Joshua D. Nolan #0084592 3800 Embassy Parkway, Suite 300 Akron, Ohio 44333 Telephone: (330) 376-5300 Facsimile: (330) 258-6559 Email: MDuncan@bdblaw.com JNolan@bdblaw.com Attorneys for Plaintiff, RSJH Properties, LLC 3 CV-2013-11-5568 CMCO 11/27/2013 11:02:03 AM CORRIGALL JONES, AMY Page 4 of 4 INSTRUCTIONS FOR SERVICE TO THE CLERK: Please serve the foregoing Complaint upon Defendant by Certified Mail Service at the address set forth in the Complaint. /s/ Matthew R. Duncan One of the Attorneys for the Plaintiff PRAECIPE TO THE CLERK: Pursuant to the Ohio Rules of Civil Procedure, Plaintiff hereby requests that the Clerk of Courts notify the undersigned counsel immediately upon the failure of certified mail service and in such case, hereby requests that the Defendant be served by regular mail forthwith. /s/ Matthew R. Duncan One of the Attorneys for the Plaintiff «AK3:1151723_v1» 4