IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PA
`
`BONNIE MCLAIN as
`ADMINISTRATRIX OF THE ESTATE
`OFM.S.R,
`
`CIVIL DIVISION
`
`No. GD 22-014935
`
`Plaintiff
`
`JURY TRIAL DEMANDED
`
`AIRBNB, INC.; 900 NORTH GROUP,
`LLC; KELSEY HILLOCK, i/t/d/b/a
`K&C VENTURES; CASEY P.
`HAREWOOD, i/t/d/b/a K&C
`VENTURES; and K&C VENTURES,
`LLC,
`
`ANSWER, NEW MATTER AND
`CROSS-CLAIM TO PLAINTIFF'S
`COMPLAINT
`
`Filed on behalf of Defendant, 900
`North Group, LLC
`
`Defendants
`
`Counsel of Record for this Party:
`
`TO THE PLAINTIFF:
`
`You are hereby notified to file a written
`response to the enclosed New Matter
`and Cross-Claim within twenty (20)
`days from service hereof or a judgment
`
`Brian S. Kane, Esquire
`Pa. I.D. # 65715
`Direct: 412-995-3276
`E-mail: bskaneT7burnvvhite.com
`
`McCall B. Chafin, Esquire
`Pa. I.D. # 328772
`Direct Dial: 412-995-3261
`E-mail: mbchafin@burnswhile.com
`
`Burns White LLC
`Firm # 828
`Bums White Center
`48 26lh Street
`Pittsburgh, PA 15222
`Facsimile: 412-995-3300
`
`

`

`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PA
`
`BONNIE MCLAIN as
`ADMINISTRATRIX OF THE ESTATE
`OF M.S.R.,
`
`CIVIL DIVISION
`
`No. GD 22-014935
`
`Plaintiff
`
`v.
`
`AIRBNB, INC.; 900 NORTH GROUP,
`LLC; KELSEY HILLOCK, i/t/d/b/a
`K&C VENTURES; CASEY P.
`HAREWOOD, i/t/d/b/a K&C
`VENTURES; and K&C VENTURES,
`LLC,
`
`Defendants
`
`ANSWER, NEW MATTER AND CROSS-CLAIM TO PLAINTIFF'S COMPLAINT
`
`AND NOW, comes the Defendant, 900 North Group, LLC, by and through its attorneys,
`
`Burns White LLC, and files
`
`the following Answer, New Matter and Cross-Claim to Plaintiffs
`
`Complaint, averring as follows:
`
`ANSWER
`
`1.
`
`After reasonable investigation, 900 North Group, LLC lacks knowledge or
`
`information sufficient to form a belief as to the truth or falsity of the allegations set forth at
`
`Paragraph 1 of Plaintiffs Complaint; therefore, same are denied and strict proof thereof is
`
`demanded at time of trial.
`
`2.
`
`After reasonable investigation, 900 North Group, LLC lacks knowledge or
`
`information sufficient to form a belief as to the truth or falsity of the allegations set forth at
`
`Paragraph 2 of Plaintiffs Complaint; therefore, same are denied and strict proof thereof is
`
`demanded at time of trial.
`
`

`

`3.
`
`The allegations of Paragraph 3 of Plaintiff s Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`4.
`
`5.
`
`The allegations of Paragraph 4 of Plaintiff s Complaint are admitted.
`
`The allegations of Paragraph 5 of Plaintiffs Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`6.
`
`The allegations of Paragraph 6 of Plaintiffs Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`7.
`
`The allegations of Paragraph 7 of Plaintiffs Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`8.
`
`The allegations of Paragraph 8 of Plaintiffs Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`9.
`
`The allegations of Paragraph 9 of Plaintiff s Complaint constitute legal conclusions
`
`to which no responsive pleading is required. To the extent a responsive pleading is required, the
`
`allegations of Paragraph 9 are generally denied pursuant to Pa.R.C.P. 1029(e).
`
`10.
`
`The allegations of Paragraph 10 of Plaintiffs Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`11.
`
`The allegations of Paragraph 11 of Plaintiff s Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`12.
`
`The allegations of Paragraph 12 of Plaintiffs Complaint constitute legal
`
`conclusions to which no responsive pleading is required. To the extent a responsive pleading is
`
`required, the allegations of Paragraph 12 are generally denied pursuant to Pa.R.C.P. 1029(e).
`
`13.
`
`The allegations of Paragraph 13 of Plaintiff s Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`

`

`14.
`
`The allegations of Paragraph 14 of Plaintiffs Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`15.
`
`The allegations of Paragraph 15 of Plaintiff s Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`16.
`
`The allegations of Paragraph 16 of Plaintiffs Complaint constitute legal
`
`conclusions to which no responsive pleading is required.
`
`17.
`
`900 North Group, LLC incorporates by reference hereto paragraph 1 through 16 of
`
`the Answer as if more fully set forth herein in response to Paragraph 17 of Plaintiff s Complaint.
`
`18.-30. The allegations of Paragraphs 18 through 30 of Plaintiff s Complaint are not
`
`directed to this Defendant, therefore no responsive pleading is required.
`
`31.
`
`The allegations of Paragraph 31 of Plaintiff s Complaint are denied as stated. It is
`
`admitted that a shooting occurred at 900 Madison Avenue, Pittsburgh, Pennsylvania 15212 early
`
`in the morning on April 17, 2022.
`
`32.
`
`Upon information and belief, the allegations of Paragraph 32 of Plaintiffs
`
`Complaint are admitted.
`
`33.
`
`The allegations of Paragraph 33 of Plaintiff s Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`34.
`
`The allegations of Paragraph 34 of Plaintiff s Complaint do not assert facts or legal
`
`causes of action to which a responsive pleading is required. Further, the allegations of Paragraph
`
`34 are so unspecific as to time and place as to make a responsive pleading impossible.
`
`35.
`
`The allegations of Paragraph 35 of Plaintiffs Complaint are not directed to this
`
`Defendant, therefor no responsive pleading is required.
`
`36.
`
`Admitted.
`
`

`

`37.
`
`38.
`
`Admitted.
`
`The allegations of Paragraph 38 of Plaintiff s Complaint are denied as stated. It is
`
`admitted that the lease between 900 North Group, LLC and Hillock and/or Harewood and/or K&C
`
`Ventures involved monthly rental payment.
`
`39.
`
`The allegations of Paragraph 39 of Plaintiffs Complaint directed to 900 North
`
`Group, LLC are denied. To the contrary, 900 North Group, LLC did not lease the property for the
`
`purpose of admission to the public. By way of further answer, 900 North Group, LLC did not fail
`
`to inspect for or repair dangerous conditions on the property before transferring possession. To
`
`the contrary, 900 North Group, LLC did not lease the property for the purpose of admission to the
`
`public and did not fail to inspect for or repair dangerous conditions on the property prior to the
`
`Rental Agreement being executed.
`
`40.
`
`The allegations of Paragraph 40 of Plaintiffs Complaint are not directed to this
`
`Defendant, therefor no responsive pleading is required.
`
`41.
`
`The allegations of Paragraph 41 of Plaintiff s Complaint are not directed to this
`
`Defendant, therefor no responsive pleading is required.
`
`42.
`
`The allegations of Paragraph 42 of Plaintiffs Complaint constitute legal
`
`conclusions to which no responsive pleading is required. To the extent a responsive pleading is
`
`required, it is denied that 900 North Group, LLC had a duty to maintain, monitor, oversee, repair
`
`or otherwise supervise the property. To the contrary, 900 North Group, LLC did not have such a
`
`legal obligation. 900 North Group, LLC was an out of possession landlord.
`
`43.
`
`The allegations of Paragraph 43 of Plaintiffs Complaint constitute legal
`
`conclusions to which no responsive pleading is required. To the extent a responsive pleading is
`
`required, the allegations of Paragraph 43 are denied. To the contrary, 900 North Group, LLC did
`
`

`

`not have a duty to implement or maintain a safety or security system to prevent dangerous or
`
`reckless or negligent acts from occurring at the property.
`
`44.
`
`The allegations of Paragraph 44 of Plaintiffs Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`45.
`
`The allegations of Paragraph 45 of Plaintiffs Complaint are not directed to this
`
`Defendant, therefore no responsive pleading is required.
`
`46.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 46 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`47.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 47 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`48.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 48 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`49.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 49 of Plaintiffs Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`50.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 50 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`

`

`51.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 51 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`52.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 52 of Plaintiffs Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`53.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 53 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`54.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 54 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`55.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 55 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`56.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 56 of Plaintiffs Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`57.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 57 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`

`

`58.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 58 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`59.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 59 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`60.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 60 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`61.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 61 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`62.
`
`900 North Group, LLC lacks the knowledge and information sufficient to form a
`
`belief as to the truth or falsity of the allegations set forth at Paragraph 62 of Plaintiff s Complaint;
`
`therefore, same are denied and strict proof thereof is demanded at time of trial.
`
`63.
`
`[Missing from Plaintiffs Complaint]
`
`COUNT I
`NEGLIGENCE
`
`64.
`
`900 North Group, LLC incorporates by reference hereto paragraphs 1 through 63
`
`of the Answer as if more fully set forth herein in response to Paragraph 64 of Plaintiff s Complaint.
`
`65.-70. The allegations of Paragraphs 65 through 70 of Plaintiffs Complaint are not
`
`directed to this Defendant, and therefore no responsive pleading is required.
`
`

`

`COUNT II
`NEGLIGENCE
`
`71.
`
`900 North Group, LLC incorporates by reference hereto paragraphs 1 through 70
`
`of the Answer as if more fully set forth herein in response to Paragraph 71 of Plaintiff s Complaint.
`
`72.
`
`The allegations of Paragraph 72 of Plaintiffs Complaint constitute legal
`
`conclusions to which no responsive pleading is required. To the extent a responsive pleading is
`
`required, the allegations of Paragraph 72 are generally denied pursuant to Pa.R.C.P. 1029(e).
`
`73.
`
`The allegations of Paragraph 73 of Plaintiffs Complaint constitute legal
`
`conclusions to which no responsive pleading is required. To the extent a responsive pleading is
`
`required, the allegations of Paragraph 73 are generally denied pursuant to Pa.R.C.P. 1029(e).
`
`74.
`
`The allegations of Paragraph 74 of Plaintiffs Complaint constitute legal
`
`conclusions to which no responsive pleading is required. To the extent a responsive pleading is
`
`required, the allegations of Paragraph 74 are generally denied pursuant to Pa.R.C.P. 1029(e).
`
`75.
`
`The allegations of Paragraph 75 of Plaintiffs Complaint constitute legal
`
`conclusions to which no responsive pleading is required. To the extent a responsive pleading is
`
`required, the allegations of Paragraph 75 are generally denied pursuant to Pa.R.C.P. 1029(e).
`
`76.
`
`The allegations of Paragraph 76 of Plaintiffs Complaint constitute legal
`
`conclusions to which no responsive pleading is required. To the extent a responsive pleading is
`
`required, the allegations of Paragraph 76 are generally denied pursuant to Pa.R.C.P. 1029(e).
`
`77.
`
`The allegations of Paragraph 77 of Plaintiffs Complaint constitute legal
`
`conclusions to which no responsive pleading is required. To the extent a responsive pleading is
`
`required, the allegations of Paragraph 77 are generally denied pursuant to Pa.R.C.P. 1029(e).
`
`

`

`COUNT III
`NEGLIGENCE
`
`78.
`
`900 North Group, LLC incorporates by reference hereto paragraphs 1 through 77
`
`of the Answer as if more fully set forth herein and in response to Paragraph 78 of Plaintiffs
`
`Complaint.
`
`79.- 84. The allegations of Paragraphs 79 through 84 of Plaintiffs Complaint are not
`
`directed to this Defendant, therefore no responsive pleading is required.
`
`COUNT IV
`NEGLIGENCE
`
`85.
`
`900 North Group, LLC incorporates by reference hereto paragraphs 1 through 84
`
`of the Answer as if more fully set forth herein in response to paragraph 85 of Plaintiff s Complaint.
`
`86.-91. The allegations of Paragraphs 86 through 91 of Plaintiffs Complaint are not
`
`directed to this Defendant, therefore not responsive pleading is required.
`
`COUNT V
`NEGLIGENCE
`
`92.
`
`900 North Group, LLC incorporates by reference hereto paragraphs 1 through 91
`
`of the Answer as if more fully set forth herein in response to Paragraph 92 of Plaintiff s Complaint.
`
`93.-98. The allegations of Paragraphs 93 through 98 of Plaintiffs Complaint are not
`
`directed to this Defendant, therefore not responsive pleading is required.
`
`WHEREFORE, Defendant, 900 North Group, LLC, denies liability to any party under any
`
`theory and respectfully requests judgment in its favor.
`
`A JURY TRIAL IS DEMANDED.
`
`

`

`NEW MATTER
`
`99.
`
`Plaintiffs Complaint fails to state a claim upon which relief may be granted.
`
`100. Plaintiffs damages, if any, were caused by acts or omissions of third parties not
`
`within the control of this Defendant.
`
`101. Plaintiffs damages, if any, were caused by intervening and superseding causes not
`
`within the control of this Defendant.
`
`102. To the extent applicable, this Defendant asserts the Pennsylvania Comparative
`
`Negligence Act as an affirmative defense.
`
`103. This Defendant asserts the terms and conditions of the Pennsylvania Fair Share Act
`
`to the extent it may impact the amount owed or recoverable by Plaintiff.
`
`104. 900 North Group did not have care, custody or control of the property on April 16
`
`or 17, 2022.
`
`105.
`
`900 North Group leased 900 Madison Avenue to Kelsey Hillock and Casey P.
`
`Harewood individually and doing business as K&C Ventures and/or K&C Ventures, LLC.
`
`106.
`
`900 North Group was an out of possession landlord at the time of the subject
`
`accident. This Defendant asserts the out of possession landlord doctrine/defense in this matter.
`
`107.
`
`900 North Group did not lease the subject property through Airbnb on April 16-17,
`
`2022.
`
`108. 900 North Group did not have any business relationship with Airbnb relative to the
`
`property at 900 Madison Avenue on April 16-17, 2022.
`
`109.
`
`900 North Group did not have notice of the subleasing of the property for April 16­
`
`17, 2022.
`
`

`

`110.
`
`900 North Group did not have notice of any parties being held at the subject
`
`property prior to April 16-17, 2022.
`
`111.
`
`900 North Group reserves the right to assert any additional affirmative defense
`
`identified in Pa.R.C.P. 1030, which may prove applicable in the course of discovery.
`
`112. Plaintiffs' claims may be barred by the assumption of a known risk doctrine.
`
`113. Plaintiffs' damages may be barred or reduced by her failure to mitigate her
`
`damages.
`
`114. To the extent applicable, Plaintiffs' damage claim may be barred or reduced to the
`
`extent her claimed injuries preexisted the subject accident.
`
`115. These Defendants reserve the right to assert any affirmative defense identified in
`
`Pa.R.C.P. 1030, which may prove applicable in the course of discovery.
`
`WHEREFORE, Defendant, 900 North Group, LLC denies liability to any party under any
`
`theory and respectfully request judgment in its favor.
`
`A JURY TRIAL IS DEMANDED.
`
`CONTRACTUAL CROSS-CLAIM
`
`900 North Group, LLC v. Kelsey Hillock and Casey P. Harewood.,
`i/t/d/b/a K&C Ventures and K&C Ventures, LLC
`
`1.
`
`Solely for purposes of asserting this cross-claim, and without admitting the truth or
`
`falsity of the allegations set forth therein, 900 North Group incorporates by reference hereto each
`
`and every allegation of Plaintiffs Complaint directed to Kelsey Hillock and Casey P. Harewood,
`
`i/t/d/b/a K&C Ventures and K&C Ventures, LLC as if more fully set forth herein.
`
`2.
`
`On or about August 12, 2021, Kelsey Hillock signed a lease agreement ("Lease")
`
`for the property at 900 Madison Avenue. See Exhibit "A."
`
`

`

`3.
`
`Casey P. Harewood signed the Lease on or about August 16, 2021. See Exhibit
`
`"A".
`
`4.
`
`Paragraph 13 of the Lease provides:
`
`13.
`
`INSURANCE
`
`a)
`
`b)
`
`c)
`
`Landlord agrees to carry fire and liability insurance on the building.
`Tenant's personal property is not insured under Landlord's insurance policy.
`
`Landlord requires that Tenant carry fire and liability insurance to protect
`Tenant, Tenant's personal property, and his/her guests. Tenant agrees to list
`Landlord as additional insured on any policy Tenant purchases.
`
`If there is any loss of property by fire, theft, burglary or any other means,
`Tenant agrees to relieve Landlord from all responsibility. Tenant agrees to
`pay for this loss or any claims field.
`
`5.
`
`Pursuant to the terms and conditions of the lease agreement, Kelsey Hillock, Casey
`
`P. Harewood and K&C Ventures, LLC were required to purchase liability insurance listing 900
`
`North Group as an additional insured.
`
`6.
`
`Kelsey Hillock, Casey P. Llarewood and K&C Ventures, LLC failed to secure a
`
`liability insurance for the subject property.
`
`7.
`
`Kelsey Hillock, Casey P. Harewood and K&C Ventures, LLC failed to provide
`
`additional insured status on a liability policy for the subject property on behalf of 900 North Group
`
`LLC.
`
`8.
`
`Pursuant to Section 18 of the Lease, Kelsy Hillock, Casey P. Harewood and K&C
`
`Ventures, LLC contractually agreed to the following:
`
`a.
`
`b.
`
`Primary Residence: Tenant agree to use and the leased property as a private
`residence only and for Tenant and authorized occupants only.
`
`Use of Leased Property: Tenant agrees not to use the leased property for any
`unlawful or hazardous purposes. Tenant needs written permission from Landlord
`before using the leased property for any business or profession.
`
`

`

`c.
`
`d.
`
`Obey all laws: Tenant agrees to obey government housing regulations, local and
`state laws, condominium, home owner association rules as they apply to Tenants.
`
`Keep safe and clean: Tenant agrees to keep the lease property safe against fire, and
`water damage. Tenant agrees to remove trash, garbage and other waste in a safe
`and prompt manner.
`
`9.
`
`Kelsey Hillock, Casey P. Harewood and K&C Ventures breached the Lease,
`
`specifically Section 18.
`
`10.
`
`Kelsey Hillock, Casey P. Harewood and K&C Ventures, LLC breached the subject
`
`lease agreement by failing to secure additional insured status for 900 North Group for the subject
`
`property on a liability policy.
`
`11.
`
`900 North Group, LLC has sustained and will continue to sustain damages
`
`associated with the breach of the lease agreement by Kelsey Hillock, Casey P. Harewood and/or
`
`K&C Ventures, LLC, including but not limited to the cost of any attorney's fees and expenses
`
`associated with the defense of this lawsuit and any judgment that may be entered against 900 North
`
`Group as a result of the subject lawsuit.
`
`CROSS-CLAIM PURSUANT TO RULE 1031.1
`
`12.
`
`Solely for purposes of asserting this cross-claim and without admitting the truth or
`
`falsity of the allegations set forth therein, 900 North Group incorporates by reference hereto each
`
`and every allegation of Plaintiffs Complaint directed to the Co-Defendants as if more fully set
`
`forth herein.
`
`13.
`
`To the extent Plaintiff is entitled to recovery, said entitlement being specifically
`
`denied, then in that alternative, Airbnb, Inc., Kelsey Hillock i/t/d/b/a K&C Ventures, Casey P.
`
`Harewood, i/t/d/b/a K&C Ventures and K&C Ventures, LLC are solely liable to the Plaintiff,
`
`jointly and severally liability to the Plaintiff or liable over to 900 North Group, LLC for
`
`contribution and indemnity.
`
`

`

`WHEREFORE, Defendants, 900 North Group, LLC denies liability to any party under any
`
`theory and respectfully request judgment in their favor.
`
`A JURY TRIAL IS DEMANDED.
`
`Respectfully submitted,
`
`BURNS WHITE LLC
`
`Counsel for Defendant, 900 North Group, LLC
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`DocuSign Envelope ID: 2E78B277-3249-4BA0-80A5-12CCDEA3EF2E
`
`RESIDENTIAL LEASE
`Plain Language Lease
`
`THIS IS A RESIDENTIAL LEASE, WRITTEN IN PLAIN LANGUAGE, THAT IS A LEGAL AGREEMENT BETWEEN THE TENANT AND
`THE LANDLORD READ THIS LEASE CAREFULLY BECAUSE TENANT GIVES UP CONSUMER RIGHTS. IF TENANT DOES NOT
`UNDERSTAND ANY PARTS OF THIS AGREEMENT, SEEK THE HELP OF AN ATTORNEY BEFORE SIGNING.
`
`1.
`
`NAMES OF LANDLORD AND TENANT(S)
`
`a)
`b)
`c)
`d]
`
`Phone U 412-482-7066
`Name of Landlord 900 North Group
`Address to send rent payments 4984 Meadow Park Dr 15236 Checks to be made to 900 North Group
`Name of Tenant(s) Kelsey Hillock and Casey Harewood also known as K&C Ventures
`Name of Property Manager - LUX Star LLC Brandon Zenkovicli 412-779-8575
`
`2.
`
`LEASED PROPERTY
`
`The leased property is the location Landlord agrees to rent to Tenant. The words "leased property" refer to the type of
`residence checked below:
`\ Apartment,
`
`Townhouse,
`
`Other
`
`Condominium, _ Single Home,
`
`a)
`
`b)
`
`c)
`
`The exact address is 900 Madison Ave Unit B Pittsburgh. Pa 15212
`
`The following items are part of the leased property: Partially Furnished Apartment
`
`3.
`
`STARTING\ENDING DATES OF LEASE
`
`a)
`
`b)
`
`This lease begins on
`
`09/15/2021
`
`. This lease ends on
`
`09/30/2022
`
`.
`
`To end this lease Landlord or Tenant must give sixty (60) days notice before the ending date or any renewal period.
`
`4.
`
`MONEY OWED AT MOVE IN
`
`12months Rent
`Security Deposit
`Pet Security Deposit
`Additional Deposit
`
`PAID
`
`DUE
`$2800
`$ 2800
`
`na $.
`na $
`
`Total Balance Due before possession
`
`$4200
`
`RENT-
`
`BALANCE DUE
`$ 1400 prorate for September_
`$ 2800
`
`The rental amount each month is $2800.00 and is due by the first (1 st) day of each month. Rent will not increase over a 2 year period
`and may need to increase in the 3,J extension as stated below
`Rent may increase during this lease
`lease period if the tax or insurance associated to the property were to increase. The amount of the increase will be determined by the
`increase in the tax or insurance.
`
`b) The total rental amount for the term of the lease is $33600.00 due upon lease execution
`
`c) Rent is considered late if postmarked after the fifth (5th) day of each month.
`
`d) A court action to remove Tenant may begin on the 10,h day. All court costs are paid by Tenant.
`
`DISCOUNT FOR PROMPT PAYMENTS OF RENT or Late Fees
`
`a)
`
`a)
`b)
`
`Rent payment received by Landlord in full by the fifth (5th) of each month is given a discount of $_
`This discount means the rent is reduced for that month to $
`NA
`.
`
`NA
`
`This discount does not apply unless all rent for previous months and other charges are paid in full.
`Late fees applied to all rent not received by the 10th of the month. S50.00 Fifty Dollars
`
`7.
`
`ORDER IN WHICH RENT PAYMENT IS APPLIED
`
`Rent received is first applied to money due from the past in the following order:
`Discount Charges/late fees
`
`Page
`
`S
`
`uo
`
`

`

`DocuSign Envelope ID: 2E78B277-3249-4BA0-80A5-12CCDEA3EF2E
`
`1.
`2.
`3.
`4.
`5.
`
`Tenant Owed Utility Bills
`Legal and Court Costs
`other Fees not Paid
`Past Due Rent
`Current Rent
`
`8.
`
`NUMBER OF OCCUPANTS
`
`a)
`
`b)
`c)
`
`The most people allowed to live in the leased property are _3
`
`.
`
`Names of all occupants not signing this lease.^
`If any unauthorized occupants (s) is found living in the leased property, Landlord can:
`
`1.
`2.
`3.
`
`End this lease with thirty (30) days written notice.
`Require Tenant to pay seventy five dollars ($75.00) per month for each unauthorized occupant(s). Waived
`Require Tenant to pay for all damages caused by unauthorized occupant(s).
`
`UTILITY SERVICES
`Landlord and Tenant agree to pay for the utilities and services listed below:
`
`LANDLORD PAYS
`
`TENANT Pays $130.00 towards water and sewage_
`x
`
`fee towards water may need to be adjusted if usage increases
`x
`
`fee towards water
`
`Cable Television
`Condominium Fee
`Cold Water
`Electricity
`Heat
`Heater Gas
`Maintenance Contract
`Homeowners Assoc. Fee
`Hot Water
`Lawn and Shrubbery Care
`Oil
`Parking Fee
`Sewer
`Snow Removal
`Trash Collection
`Water Cost over Yearly Charge
`Other
`
`10.
`
`APPLIANCES
`
`a)
`
`b)
`
`c)
`d)
`
`d)
`
`e)
`f)
`
`Landlord provides Tenant with all appliances including but not limited to those so noted below. All appliances are provided
`for the convenience of the Tenant.
`
`Tenant must advise Landlord, in writing, of any problems with these appliances will be first fifteen (15) days ofTenant's
`lease. After this initial fifteen (15) day period, all appliances will be considered in good working order.
`
`Tenant understands and agrees that Tenant will be responsible to pay for the first One hundred dollars ($100.00) of all repairs
`of appliances excluding central AC And any repairs or replacement cost of Washer and Dryer
`
`Tenant shall return all appliances to Landlord in good working order at the end of the lease term.
`
`Tenant will not be responsible for normal wear and tear to appliances.
`Landlord has supplied Tenant with the following checked appliances:
`
`x Air Conditioner Central
`_x Dishwasher
`Disposal
`x Dryer
`
`Other X Microwave
`x RangeAVALL OVEN
`x Refrigerator (if able to be repaired) Other
`x Washer
`Other
`Other
`
`11.
`
`INSPECTION
`
`a)
`b)
`
`c)
`
`Tenant agrees to give Landlord a signed inspection sheet when signing this lease, OR
`Tenant may decide to keep the inspection sheet beyond date of lease signing until move in for further inspection by Tenant or
`Landlord. It is Tenant's responsibility to return a signed copy within ten (10) days of move in to Landlord.
`
`If not returned within ten (10) days, Tenant agrees the leased property is in satisfactory condition.
`
`Page 2
`
`O / /
`
`

`

`DocuSign Envelope ID: 2E78B277-3249-4BAO-80A5-12CCDEA3EF2E
`
`d)
`
`When this lease ends, Tenant is responsible for all items needing repair but not listed on the inspection sheet.
`
`12.
`
`CHANGES TO THE LEASED PROPERTY
`
`a)
`
`Tenant agrees not to change or redecorate the leased property without Landlord's written permission.
`
`1)
`
`2)
`
`3)
`
`painting of walls any color than the existing wall color when this lease is signed;
`
`installing any wall covering material;
`
`installation of ceiling fans, or any other objects which requires the drilling of holes in the floors, walls, doors and
`ceilings.
`
`b)
`
`Landlord approved changes made to the leased property belong to the Landlord, unless otherwise agreed to in writing.
`
`13.
`
`INSURANCE
`
`a)
`
`b)
`
`c)
`
`Landlord agrees to carry fire and liability insurance on the building. Tenant's personal property is not insured under
`Landlord's insurance policy.
`
`Landlord requires that Tenant carry fire and liability insurance to protect Tenant, Tenant's personal property, and his/her
`guests. Tenant agrees to list Landlord as additional insured on any policy Tenant purchases.
`
`If there is any loss of property by fire, theft, burglary or any other means. Tenant agrees to relieve Landlord from all
`responsibility. Tenant agrees to pay for this loss or any claims field.
`
`14.
`
`LANDLORD NOT RESPONSIBLE FOR TENANT'S PROPERTY AND TENANT'S GUESTS INJURY
`
`a)
`
`b)
`
`c)
`
`Landlord is not responsible for loss, theft, or damage to property of Tenant or Tenant's property.
`
`All belongings left by Tenant become Landlords property to remove or keep as abandoned property. The cost of disposal is
`charged to Tenant.
`
`Landlord is not responsible for any liability or injury to any person including Tenants and Tenant's guests while at the leased
`property.
`
`15.
`
`BAD CHECKS
`
`Tenant agrees to pay a fee of fifty dollars ($50,00) for any check that is not honored by the bank. Landlord reserves the right to require future rent
`payments in the form of a money order, certified or cashiers check.
`
`16.
`
`REPORTING OF PAST RENT OWED
`
`Tenant is aware that Landlord may report any past rent, damages, utilities or other costs owed by Tenant to a credit reporting agency. Tenant
`understands this reporting could affect Tenant's ability to obtain credit or future housing.
`
`17.
`
`ADDITIONAL SIGNERS TO THE LEASE
`
`a)
`
`All signers of this lease are responsible for all financial obligations. This includes but is not limited to rent, late fees,
`damages, and other costs over the security deposit.
`
`18.
`
`CARE AND USE OF THE LEASED PROPERTY- THIS HAS BEEN CLARIFIED IN SECTION 8-B-2
`
`a)
`
`b)
`
`c)
`
`d)
`
`Primary Residence: Tenant agree to use and the leased property as a private residence only and for Tenant and authorized
`occupants only.
`
`Use of Leased Property: Tenant agrees not to use the leased property for any unlawful or hazardous purposes. Tenant needs
`written permission from Landlord before using the leased property for any business or profession.
`
`Obey all laws: Tenant agrees to obey government housing regulations, local and state laws, condominium, and home owner
`association rules as they apply to Tenants.
`
`Keep safe and clean: Tenant agrees to keep the lease property safe against fire, and water damage. Tenant agrees to remove
`trash, garbage, and other waste in a safe and prompt manner.
`
`Page 3
`
`

`

`DocuSign Envelope ID: 2E78B277-3249-4BA0-80A5-12CCDEA3EF2E
`
`e)
`
`Heating sources: Tenant agrees not to use any other heating source than the one provided in the leased property. Tenant will
`keep temperature at sixty (60) degre