Plaintiff’s Pretrial Memorandum

by | Nov 29, 2021 | Samples legal papers

Rashad Taliaferro

316 E. 6th Ave

Tarentum, PA 15084

(412) 218-8749

Email

 

Appearing in pro se on behalf of Plaintiff

 

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

 

FRANKLIN SUITES, LLC,

Plaintiff,

vs.

ISAAC GUEST,

Defendant

 Case No.: 4175 of 2020

plaintiff’s pretrial memorandum

 

NOW COMES Franklin Suites, LLC, Plaintiff, and hereby files this Pretrial Memorandum, and for cause would show this Honorable Court as follows:

 

  1. PARTIES
  1. Plaintiff Franklin Suites, LLC is a limited liability company registered in the State of Pennsylvania and whose registered business address is 316 E. 6th Ave, Tarentum, PA 15084.
  2. Defendant Isaac Guest is a male adult of sound mind and a resident of 3 E. Division St., Jeannette, PA 15544.

 

  1. JURISDICTIONAL STATEMENT
  1. Jurisdiction exists in this Court pursuant to 1 Pa. C.S. § 931.
  2. Venue is proper in this Court because the causes of action took place in Westmoreland County.

 

  1. STATEMENT OF FACTS
  1. Plaintiff and Defendant entered into a lease that allowed Defendant to live on Plaintiff’s property from 06/01/2020 to 05/31/2021. 
  2. On 05/31/2021, the lease expired and Defendant had to be evicted for damage to property. 
  3. While living on Plaintiff’s property, Defendant broke the bathroom door, made big holes in the walls and littered everywhere around the property. 
  4. Defendant failed to pay rent while living on Plaintiff’s property. 
  5.  Upon expiry of the lease, Defendant refused to move out of Plaintiff’s property.
  6. The case was taken to arbitration. After all proceedings, the Board of Arbitration issued judgment in favor of Plaintiff in the sum of $12,000.00 payable by Defendant as 12 months’ rent and repossession of the property.
  7. The learned Magistrate Judge also affirmed the judgment issued by the Board of Arbitration.

 

  1. LEGAL ARGUMENT
  1. The lease agreement between Plaintiff and Defendant clearly stipulated that it would run until 05/31/2021. Afterwards, Defendant would have to move out and surrender possession to Plaintiff. On 05/31/2021, the lease came to an end as specified in the lease agreement.
  2. The lease agreement also stated as follows: “This lease shall terminate in the event that the premises are destroyed, other than negligence of the tenant, or upon taking of the property under legal authority of eminent domain.” Defendant caused damage to property in the form described above. The lease also had to terminate due to damage caused to property.
  3. Plaintiff was considerate enough to let Defendant complete the term of his lease despite the damage to property he had caused. 
  4. Defendant had no reason to refuse to surrender possession to Plaintiff.
  5. The actions of Defendant constitute breach of contract. The lease agreement between Plaintiff and Defendant states that, “TENANT shall pay rental in the amount of $1000.00 (One Thousand and 0/100ths Dollars dollars) on the 21st day of each month, in advance and without demand or set off.” Defendant breached the lease agreement by refusing to pay rent. He never paid a single dollar since 06/01/2020 when the lease began. The lease agreement further stated that, “TENANT shall return the premises to the LANDLORD at the termination of tenancy in the same condition as received, ordinary wear and tear excepted.” At the expiry of the lease, Defendant refused to surrender possession of the property to Plaintiff. Plaintiff later discovered that Defendant had broken the bathroom door, made big holes on the drywall, and littered everywhere. None of this is ordinary wear and tear.
  6. After analysis of facts, the Board of Arbitration and the learned Magistrate Judge ruled in favor of Plaintiff and awarded him possession of the property. Plaintiff urges this court to adopt the ruling and judgment of the Board of Administration and the Magistrate Judge.

 

  1. PRAYER FOR RELIEF

REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant it the following reliefs:

  1. Judgment in favor of Plaintiff;
  2. Grant Plaintiff damages awarded by the Board of Arbitration in the sum of $12,000.00;
  3. Award Plaintiff damages for breach of contract;
  4. Award Plaintiff punitive damages, pre and post judgment interests, costs of this suit, and attorney fees as allowed by law;
  5. Award Plaintiff such equitable relief as may be appropriate under the circumstances; and
  6. Award such further relief as this Honorable Court deems necessary and proper.

 

Dated this [DATE] day of [MONTH], 2021.

 

Respectfully Submitted,
___________________________________

Rashad Taliaferro

Appearing in pro se on behalf of Plaintiff

VERIFICATION

I, Rashad Taliaferro, being sworn depose and say that I am appearing on behalf of Franklin Suites, LLC, Plaintiff in the above entitled action, that I have read the foregoing Pretrial Memorandum and know the contents thereof. That the same is true of mu own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

 

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was sent on the [DATE] day of [MONTH], 2021 by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

Isaac Guest, Defendant

3 E. Division St.

Jeannette, PA 15544

(412) 277-7521

 

Dated this [DATE] day of [MONTH], 2021.

 

Respectfully Submitted,
___________________________________

Rashad Taliaferro

Appearing in pro se on behalf of Plaintiff

 

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