Preview
CV-2013-11-5568 PBRI 02/05/2014 10:30:18 AM CORRIGALL JONES, AMY Page 1 of 4
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
RSJH PROPERTIES, LLC ) CASE NO.: CV-2013-11-5568
)
Plaintiff, ) JUDGE AMY CORRIGALL JONES
)
v. )
) PLAINTIFF’S PRETRIAL
MYERS DRIVING SCHOOL, LTD. ) STATEMENT
)
Defendant. )
I. STATEMENT OF THE FACTS.
On or about August 30, 2013, Defendant, Myers Driving School, Ltd. (“Defendant”),
entered into a lease as tenant of Plaintiff, RSJH Properties, LLC (“Plaintiff”), for the premises
located at 542 Graham Road, Cuyahoga Falls, Ohio (“Premises”). 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.
Under the terms of the Lease, Defendant is required to pay a monthly rental fee by the
first day of each month. Defendant failed to pay monthly rental fees and utility fees for the
months of November 2013 to the present. Defendant has notified Plaintiff that Defendant has
abandoned the Premises.
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. 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.
CV-2013-11-5568 PBRI 02/05/2014 10:30:18 AM CORRIGALL JONES, AMY Page 2 of 4
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 failed to cure its defaults. 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.
II. ISSUES OF FACT.
Issues of fact include:
1.) the amounts owed by Defendant on the Lease with Plaintiff.
III. ISSUES OF LAW.
The following issues of law will need to be resolved:
1.) whether Plaintiff is entitled to judgment for breach of lease against
Defendant.
IV. EXHIBITS TO BE OFFERED INTO EVIDENCE.
The exhibits which Plaintiff intends to offer into evidence include, but are not limited to
the Lease Agreement and written communications between the parties concerning the Plaintiff’s
leasing of the Premises to Defendant.
V. ITEMIZATION OF EXPENSES AND DAMAGES.
Damages equal to the 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 utilities, late fees, interest, reasonable attorneys’ fees and the costs of this action.
2
CV-2013-11-5568 PBRI 02/05/2014 10:30:18 AM CORRIGALL JONES, AMY Page 3 of 4
VI. REQUEST FOR MEDICAL EXAMINATION.
Not relevant.
VII. DEPOSITIONS.
At this time, no persons have yet been deposed in this matter. Plaintiff anticipates
conducting at least one deposition of a representative of Defendant.
VIII. AMENDMENTS TO BE MADE TO PLEADINGS.
At this time, Plaintiff does not anticipate amending its Complaint, but reserves the right
to do so.
IX. EXPERT WITNESSES.
At this time, Plaintiff has not yet identified persons that it will call as expert witnesses in
this matter, if any.
X. NUMBER OF LAY WITNESSES TO BE CALLED.
At this time, Plaintiff anticipates that it will utilize approximately three (3) lay witnesses
at the trial of this matter.
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, OH 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 PBRI 02/05/2014 10:30:18 AM CORRIGALL JONES, AMY Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing has been served by regular U.S. Mail,
postage prepaid this 5th day of February 2014 upon the following:
Tonya J. Rogers, Esq.
Gregory A. Beck, Esq.
Baker, Dublikar, Beck, Wiley & Mathews
400 S. Main Street
North Canton, OH 44720
Attorneys for Defendant
Matthew R. Duncan
«AK3:1157541_v1»
4
Preview
CV-2013-11-5568 PBRI 02/05/2014 10:30:18 AM CORRIGALL JONES, AMY Page 1 of 4 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO RSJH PROPERTIES, LLC ) CASE NO.: CV-2013-11-5568 ) Plaintiff, ) JUDGE AMY CORRIGALL JONES ) v. ) ) PLAINTIFF’S PRETRIAL MYERS DRIVING SCHOOL, LTD. ) STATEMENT ) Defendant. ) I. STATEMENT OF THE FACTS. On or about August 30, 2013, Defendant, Myers Driving School, Ltd. (“Defendant”), entered into a lease as tenant of Plaintiff, RSJH Properties, LLC (“Plaintiff”), for the premises located at 542 Graham Road, Cuyahoga Falls, Ohio (“Premises”). 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. Under the terms of the Lease, Defendant is required to pay a monthly rental fee by the first day of each month. Defendant failed to pay monthly rental fees and utility fees for the months of November 2013 to the present. Defendant has notified Plaintiff that Defendant has abandoned the Premises. 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. 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. CV-2013-11-5568 PBRI 02/05/2014 10:30:18 AM CORRIGALL JONES, AMY Page 2 of 4 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 failed to cure its defaults. 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. II. ISSUES OF FACT. Issues of fact include: 1.) the amounts owed by Defendant on the Lease with Plaintiff. III. ISSUES OF LAW. The following issues of law will need to be resolved: 1.) whether Plaintiff is entitled to judgment for breach of lease against Defendant. IV. EXHIBITS TO BE OFFERED INTO EVIDENCE. The exhibits which Plaintiff intends to offer into evidence include, but are not limited to the Lease Agreement and written communications between the parties concerning the Plaintiff’s leasing of the Premises to Defendant. V. ITEMIZATION OF EXPENSES AND DAMAGES. Damages equal to the 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 utilities, late fees, interest, reasonable attorneys’ fees and the costs of this action. 2 CV-2013-11-5568 PBRI 02/05/2014 10:30:18 AM CORRIGALL JONES, AMY Page 3 of 4 VI. REQUEST FOR MEDICAL EXAMINATION. Not relevant. VII. DEPOSITIONS. At this time, no persons have yet been deposed in this matter. Plaintiff anticipates conducting at least one deposition of a representative of Defendant. VIII. AMENDMENTS TO BE MADE TO PLEADINGS. At this time, Plaintiff does not anticipate amending its Complaint, but reserves the right to do so. IX. EXPERT WITNESSES. At this time, Plaintiff has not yet identified persons that it will call as expert witnesses in this matter, if any. X. NUMBER OF LAY WITNESSES TO BE CALLED. At this time, Plaintiff anticipates that it will utilize approximately three (3) lay witnesses at the trial of this matter. 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, OH 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 PBRI 02/05/2014 10:30:18 AM CORRIGALL JONES, AMY Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing has been served by regular U.S. Mail, postage prepaid this 5th day of February 2014 upon the following: Tonya J. Rogers, Esq. Gregory A. Beck, Esq. Baker, Dublikar, Beck, Wiley & Mathews 400 S. Main Street North Canton, OH 44720 Attorneys for Defendant Matthew R. Duncan «AK3:1157541_v1» 4