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  

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

  1. PARTIES
  2. 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.
  3. Defendant Isaac Guest is a male adult of sound mind and a resident of 3 E. Division St., Jeannette, PA 15544.
  • JURISDICTIONAL STATEMENT
  • Jurisdiction exists in this Court pursuant to 1 Pa. C.S. § 931.
  • Venue is proper in this Court because the causes of action took place in Westmoreland County.
  • STATEMENT OF FACTS
  • Plaintiff and Defendant entered into a lease that allowed Defendant to live on Plaintiff’s property from 06/01/2020 to 05/31/2021.
  • On 05/31/2021, the lease expired and Defendant had to be evicted for damage to property.
  • Which kind of damage did Defendant cause on the property?
  • Why did you take Defendant to court? Did he refuse to leave the property after the expiry of his lease?
  •  Did Defendant pay the rent on time?
  • 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 and possession of the property.
  • The learned Magistrate Judge also affirmed the judgment issued by the Board of Arbitration.
  • LEGAL ARGUMENT
  • 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.
  • 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.
  • Plaintiff was considerate enough to let Defendant complete the term of his lease despite the damage to property he had caused.
  • Defendant had no reason to refuse to surrender possession to Plaintiff.
  • 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.
  • 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 punitive damages, pre and post judgment interests, costs of this suit, and attorney fees as allowed by law;
  4. Award Plaintiff such equitable relief as may be appropriate under the circumstances; and
  5. 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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