iN THE SUPREME COURT OF THE STATE OF 01110 COLUMBUS, OHIO

CASE NO: 2010 -0712 VALENTINE SCHUROWLIEW

ANSWER TO RESPONDENTS' vs. MOTION TO DISMISS RELATOR'S COMPLAINT FOR A WRIT JUDGE LANCE MASON OF PROHIBITION r-^ r, and R

JUDGE LAURA GALLAGHER (:i.FRK (;C COURT Respondents. SUPREN1E COURT OF OHIO

RELATOR'S ANSWER TO RESPONllENTS' MOTION TO DISMISS

RELA'TOR'S COMPLAINT FOR A WRIT OF PROHIBITION

William Mason (0037540) (0025685) Stanley Josselson Cuyahoga County Prosecutor 1276 W. 3 St. #411 1200 Ontario St. 8°i Floor Cleveland, Oliio 44113 Cleveland, Ohio 44113 216-696-8070 216-443-7800 216-696-3752 fax Attorney for Respondents JosselsonL aw ffinail.com Attorney for Relator

Certifrcate of Service 2010 to A copy of this Answer was sept by US mail on William Mason, Attorney forRespondents Judge Lau Galla er and Judge Lance Mason, Justice Center 1200 Ontario St. 8`h Floor Cleveland, Ohio, 44113.

n

rl{v( r'' Ci ? tliFJ CLEFJK OF CC7tJR1' SUPREME CtJUR7 OF OHIO TABLE OF CONTENTS

...... r, n, m TABLE OF AUTHORITIES ......

...... 1 INTRODUCTION ...... _

' ...... t STATEMENT OF FACTS ......

...... 7 LAW ANll ARGtTMENTS ..:......

...... 7 1. THE STANDARD FOR A WRIT OF PROHIBITION......

II. THE PROBATE COURT HAS EXCLUSIVE JURISDICTION OVER THE ADMINISTRATION AND DISTRIBUTION OF THE ESTATE OF SOFI.IA SCHUROWLIEW.INCLUDINGHERPRE-DEATIITRANSFERS ...... 7 Pleas lacks subject matter jurisdiction A. The General Division of Common upon a decedent, negligence, breach of fiduciary duties over claims of fraud ...... :...... 1 l owed a decedent, and conversion of a decedent's assets ...... Pleas Court lacks jurisdiction over claims of B. The (ieneral Divisionof Common rights of Inheritance and Unjust Enrichment because Tortious Interference with ripe for adjudication. Furthermore, Plaintiffs are using those elaims are not yet ty ...... 13 these torts to bypass Probate authori Division to bring their C. Plaintiffs in the instant matter lack standing in the General of fiduciary duty...... 15 conversion, negligence, and breach Estate clainis of fraud;

III. THE PROBATE COURT HAS EXCLUSIVE JURISDICTION OVER ALL MATTERS RELATED TO THE SOFI7A SCHUROWI.IEW INCOME TRUST...... e...... o.=..=-_••.• 16 the Sofija Schurowliew A. The Probate Court assumed jurisdiction first in time over assets in controversy (Sofija Schurowliew's pre- Income Trust, the Parties, and the urisdiction, as well as controt ovcr the assets..... 16 death transfers)- andmaintained j B. Plaintiffs cannot use their claims of fraud, negligence, conversion, unjust

enrichment, tortious interference, and breach of fiduciary duty to bypass the authority of the Probate Cotirt over the Sofija Schurowliew Income Trust ...... 17

C. 'I'he probate court has;plenaty power to adjudicate all issues in its exclusive jurisdiction over the Sof ja Schurowliew Income Trust ...... 18

IV. THE PROBATE COURT IS EMPOWERED TO GRANT RELIEF IN THE FORM OF

DAMAGES ...... ^....;......

V. RELATOR ASKS THE SUPREME COURT OF 01110 TO DENY RESPONDENTS' MOTION TO DISMISS HIS COMPLAINT AND TO GRANT THE WRIT OF PROHIBITION AS T'HF FACTS AND CIRCUMSTANCES POINT TO THE COMMON PLEAS COURT'S TOTAL LACK OF JURISDICTION ...... 22

CONCLUSION ...... 23

APPENDIX I: COPIES OF STATUTES APPENDIX II: EXHIBITS 1-26 TABLE OF AUTHORITIES

S'CATU'1'ES 8, 9, 10, 18, 20, 21 ORC 2101.24(A)(1) ...... :...... 7, ORC 2101.24(A)(2) ...... 8 ORC 2101.24(B)(1) ...... 16 ORC 2101.24( C) ...... 8, 19, 20, 21

ORC 2109.50 ...... 4, 9, 20 ORC 2109.52 ...... 8 . . ..:...... :...... :...... 9 ORC 2305.01 ...... ORC 2721.05 ...... 9,10, 18

SECONDARY SOURCES ...... 16 sec. 154 ...... 14 Ohio Jur. 2d, Courts

CASE LAW ...... 13 Abbot Laboratories v. Gardndr (1967), 387 U.S. 136, 148, 87 S. Ct. 1507 ...... Bank One Tnist Co N.A. v. Nve, 91 Ohio Misc. 2d 204, 698 N.E.2d 519 (1998) ...... 21 Bourke v. Carnahan, 163 Ohio App.3d 818, 2005-Ohio-5422, 840 N. E. 2d 1101 ...... 15 Butler v. Butler (1984), 19 Ohio Misc. 2d 1 ...... 16

Citv of Whitehall ex rel Wolfe v Ohio Civil Rights Commission, 74 Ohio St. 3d 120, 656 N. E. 2d 684 (1995) ...... 22

p^ Assn. (1969), 18 Ohio St. 2d 1, 246 N.E.2d 543 ...... 9 Cole v. Ottawa Home & Savzn s D M et al. Assi nees v. Garlou h(1877), 31 Ohio St. 158, 160 ...... 16 Friedman v. Friedman, 1990 WL 51998 (9"` Dist. 1990) ...... 16

Gilpin v Bank One Corp., Clermont App. No. CA2003-09-073, 2004-Ohio-3012 ...... 22

Goff v. Ameritrust Co., N.A.' (1994), Cuyahoga App. Nos. 65296 and 66016, unreported, 1994 WL 173544 ...... 20, 21

i Goldberg v. Maloney, 111 Ohio St. 3"' 211, 217, 855 N. E. 2d 856, 2006-Ohio 5485 ...... 8 Grannen v. Ey, 44 Ohio App. 2d 55, 335 N. E. 2d 735 (1974) ...... 8 Grimes v. Grinies, 2007-Ohio-5653 (OHCA4) ...... 10, 11 Hamblin v. Dau^herty, 2007 Ohio 5893 (9" Dist. 2007) ...... 12 Holik v. Laffertv, 2006-Ohio -2652 ...... 21

Holt v. Sawver, 180 Ohio App. 3d 255, 2008 Ohio 6686 (1S1 Dist) ...... 14 In Re Estate of Mary Louise Leach, 2006-Ohio-3755 (OIICA2) ...... 9 hi re Estate of Morrison(1953), 159 Ohio St. 285 ...... 9, 19 In re Estate of William Jobe, 1994 WL 200542 (12 Dist. 1994) ...... 20 In Re Guardianship of Stephens (1964), 2 Ohio Misc. 47, 202 N.E. 2d 458 ...... 16

In the Matter of the Estate of Goehrina, 2007 Ohio 1133 (7`r Dist. 2007) ...... 12, 14, 17 Kane v. Kane (1946), 146 Ohio St. 686, 67 N.E. 2d 783 ...... 17 Kasapis v. High Point Funtiture 2006-Ohio 255 (9 Dist. Summit) ...... 9

Keith v. Brim =sarder, 2008- Ohio 950 (10`' Dist. 2008) ...... 22 Lamar v. Washington , 2006-Qhio-1414 2006-Ohio 255 (9 Dist. Stinnmit) ...... 11

Lewis v. Moser (1995), 72 Ohio St. 3d 25, 657 N.F. 2d 155 ...... 21 Madiz:an v. Dollar Buildinn and Loan Co, 52 Ohio App. 553, 4 N.E. 2d 68 (1935) ...... 16 Mock v. Bowen (1992) Lucas App. No. L-91-210 ...... 10 Moore v. Gravbeal (1988) 843 F. 2d 706 ...... 13 Ohio Farmers Ins. Co. v. Bank One (1998), Montgomery App. No. 16981 ...... 21

Ohio Farmers Ins Co v Huntington National Bank (2000), Cuya. App. No. 76303 ...... 21 Patton v. Diemer (1988) 35 Ohio St. 3`d 68 ...... 10

Reeional Rail ReorganizationAct Cases (1974), 419 U.S. 102, 140, 95 S. Ct. 335 ...... 13 Resol.ution "1'rust v. Levitt, 1992 WL 181715 (Cuyahoga 8"' Dist. 1992),...... 19 Robinson v. First StateBank (1983), 97111. 2d 174, 454 N.E. 2d 288 ...... 13 ii Roll v. Edwards, 156 Ohio App. 3d 227, 805 N.E. 2d 162 (4 Dist. 2004) ...... 13, 14 Rowan v. McLaughlin, Cuyahoga App. No. 85665, 2005-Ohio -3473 ...... 22 State ex rel. Connor v. McGoush, 46 Ohio St. 3d 188 (1989) ...... 7

State ex rel Elyria Foundry Co. v. Indus. Comm. (1998), 82 Ohio St. 3d 88, 89; 694 N.E.2d 459 ...... 13 State ex rel. Largent v. Fisher (1989), 43 Ohio St. 3d 160, 540 N.E. 2d 239, 240 :...... 17

State ex rcl Lipinski vCuyaho ga Countv Common Pleas CourtPrabate Div., 74 Ohio St. 3d 19, 22, 1995-Ohio -96 ...... 8, 11

State ex rel. Lomaz v. Court of Comrnon Pleas (1988), 36 Ohio St. 3d 209, 522 N.E. 2d 551 ...... :...... 7 State ex rel Ohio Academv 7'rial Lawyers v. Sheward, 86 Ohio St. 3d. 451, 469, 1999-Ohio-123 ...... 15 Strock v. Presnell, 38 Ohio St 3d 207, 216 (1988) ...... 12 271 ...... 20 Swankowski v. Diethelm (1953), 98 Ohio App.

Treadwav v Free Pentecostal Pater Avenue Church of God, htc., 12, 15, 16 2008-Ohio-1663 (OHCA12)...... 11, ...... 9 Washineton v.Robinso, 2007-Ohio -5716, No. 88897 (OHCA8) ...... 8 Wozniak v. Wozniak ( 1993), 90 Ohio App.3d 400,407, 629 N.E. 2d 500

In MEMORANDUM

INTRODUCTION Relator respectfully asks the Supreme Court to Deny Respondents' Motion to Dismiss and to issue a Writ of Prohibition ordering the Cuyahoga Common Pleas Court to dismiss case #

CV 09 684581 for the following reasons: l. The Probate Court'has exclusive jurisdiction over the administration and distribution

of estates and over the validity of pre-death transfers. 2. The Cuyahoga Probate Court assunied jurisdiction first in time over the Sofija Schurowliew

lrticome Trust and tY}e assets of the Trust and F,state, as well as the Parties. 3. By its own terms, the Sofija Schurowliew Income Trust terminated at the moment of passing of Sofija Schurowliew on 5/30/2008, wliile the Common Pleas action was filed on 2/1 l/2009.

After that point in time, no inter vivos or testamentary trust was in existence. 4. The Probate Court has exclusive control over the conduct of fiduciaries (e.g., Trustees). 5. The Probate Court has Pleriary Power to fully and completely adjudicate all matters within

its jucisdiction. 6. The Probate Court attached assets of the Estate, the Trust, and Sofija Schurowliew's pre-death transferred assets in June of 2008 and has held the assets in suspension since that involve e.-Common Pleas has never attached the assets. All of the assets in controversy assets after 1989. pre-death transfers by Sofija Schurowliew of her own

FACTS: (See APPENDIX II, Exh. 1, p. 1) On 2/11/1990, decedent Sofija Schurowliew created the Sofija Schurowliew Income Trust, evocable Grantor Trust which named her three children Valentine Schurowliew (Relator), and Vera and Alex Schurowrliew (Plaintiffs in Cuyahoga Probate Cases 2008 ADV 136931, 2009 ADV 144867, and Cuyahoga Conmmon Pleas Case CV 09 684581) as co-trustees. The Trust provided that all Income earned by Trust Assets was to be personal income to Sofija Schurowliew, while the Tivst was to terminate and its assets were to be divided into 3 equal shares upon Sofija Schurowliew's passing. (Exh. 6, p. 63). The Income from the Trust assets was to pass into a Dollar Baik, FSB, passbook ("Income Account") originally in the sole name of Sofija Schurowliew. 1 vuav Vu u4

(Exh. 8, p. 82). The Trust was funded on 3/16/1990 with 2 Dollar Bank Certificates of Deposit totaling $112,000 in the names of the 3 co-Trustees. (Exh. 7, p.80). On January 25,1993, Valentine Schurowlicw was added as joint owner of the Income Account with rights of survivorship by Sofija Scliurowliew. (Exh. 8, p• 82) The Trust assets were never withdrawn during Sofija Schurowliew's

lifetime. Sofija Sebtu•owliew passed away on 5/30/2008 at the age of 88.

As time passed, Sofija Schurowliew proceeded to add Valentine Schurowliew to her various other assets as either payable upon death beneliciary or joint owner with rights of survivorship. In

some cases Valentine Schuroivliewwas named soleowner. The assets in que.stion were Sofija Schurowliew's Certificates of Deposit at Charter One Bank, a Legacy Treasury Direct Accotmt (Treasury Bills), and the personal residence of Sofija Schurowliew at 4323 Leading Ave. Cleveland, Ohio 44109.` In addition, Valentine Schurowliew was made beneficiary

payable upon death of Sofija Schurowliew's Thrift Plan at the Federal Reserve Bank of C(eveland and her Individual Retirement Account at Dollar Bank. He was also joint owner with rights of survivorship of her money market account at Charter One Bank since 1989. 1'hel,egacy'I'reasury Direct Assets were never touched, the residence was never sold or mortgaged, and the Individual Retirement Account and the Thrift Plan were never disturbed.

'The Charter One Barik Certificates of Deposit remained intact with the exception of two: one to pay for Sofija Schurowliew's fiznerat and the other to cover Sofija Schurowliew's legal bills in the Guardianship Suit in 2008. All of the assets in controversy in both Probate Cases aiid the Common Pleas General Division case involve the above listed pre-death transfers by

Sofija Schurowliew to Defendant Relator since 1989.

In 2005, Sofrja Schurowliew executed a Power of Attorney for Health Care naming

her son Valentine Schurowliew (Relator) as attorney in fact. On May 4, 2007, Sofija Schurowliew executed a financial power or attomey naming her son Valentine Schurowliew

as attorney in fact for financial purposes.

2

.. . I?em1oH anrl smopui^ p-tuna}sm-sm^xdse-ilne3ip^.uoo'anII• Iisur9E Inlq'''^9£ I iq//:dlai[ On November 13, 2007, Plaintiff Vera Schurowliew filed Guardianship Proceedings in Cuyahoga County Probate case 2007 GDN 131077 aileging that her mother was mentally incompetent and unable to nianage her own affairs. (Exh. 9, p. 88). Sofija Schtrrowliew passed away before the Guardianship Suit was concluded. Sofija Schurowliew was found to be competent by Dr. RayniondScheetz and Dr. ')'heodore Suh of the Cleveland Clinic Foundation and Probate hivestigator Ralph Zarnick. Magistrate Charles Brown (now Chief Magistrate) of the Cuyahoga Probate Court recommended dismissal of the Guardianship Action on the basis that Sofija

Schurowliew was not incompetent and was able to manage her own affairs.

(Exh. 10, p. 92).

A. Cuyahoga Probate Court case 2008 ADV 136931

On May 23, 2008, Plaintiffs Vera and Alex Schurowliew filed a Complaint for Trust Accounting

and Other Equitable Relief against Defendants Valentine Schurowliew (Relator), Charter One Bank, FSB, and Dollar Bank. (Exb. 11, p. 97). The Complaint for Trust Accounting and Other Equitable Relief concerned the Sofija Schurowliew Income Trust. The Complaint for Trust Accoimfing was

filed in the Cuyahoga Probate Court as case # 2008 ADV 136931. (Exh. 3, p. 21: Docket). The Probate Court granted Plaintiffs a'1'emporary Restraining Order with respect to all of the

assets of the Sofij a Schurowliew Income 1'rust, all of the Accounts at Charter One Bank and Dollar Barik (including Sofija Schurowliew's Individual Retirement Account), and the residence at 4323 Leading Ave. Cleveland, Ohio, on June 12, 2009. (Exh. 12, p. 101; Exh. 3, p, 22: Docket). The Probate Court also granted the Plaintiffs a Preliminary Injunction on June 25, 2008, with respect to

the same assets. (Exh. 13, p. 105; Exh. 3, p.22: Docket). On August 13, 2008, Plaintiffs filed an Amended Complaint in the Cuyahoga County Probate Court under case # 2008 ADV 136931 for a Trust Accounting, Removal of Fiduciary, Concealment and Embezzlement, Fraud, Conversion, Breach of Fiduciary Duty, Negligence, and Tortious Interference with Rights of Inlieritance. (Exh. 14, p. 113). The Amended Complaint concerned both the Sofija Schurowliew Income'I'rust of the original Complaint for Trust Accounting and the Estate of Sofija Schurowliew. All of the assets in controversy in 2008 ADV 136931 involved the above

listed pre-death transfers by Sofija Schurowliew to Defendant Relator starting in 1989.

On 11 /5/2008 and 11/20/2008, Plaintiffs were given discovery orders and were granted a Motion to Compel Discovery. (Exh. 15, pp. 130, 131). On 12/29/2008, Plaintiffs filed notice of dismissal of Defendant Charter One and on 1/5/2009, Plaintiffs filed notice of dismissal of Defendant Dollar Bauk. (Exh. 16, 17, pp. 138,140). On 1/26/2009, the Probate Court dismissed the Conversion, Fraud, Tortious Interference with Rights of Inheritance, and Negligence Counts of the Amended Complaint, for lackbf subject matter jurisdiction. It also dismissed the Concealment and Embezzlement of Assets claim as not being properly before the Court pursuant to ORC 2109.50. (Exh. 18, p. 142). On 3/13/2009, Plaintiffs dismissed the Breach of Fiduciary Duty count of the Amended Conipla.int. (Exh. 19, p. 144). Plaintiffs filed a Second Amended Complaint on 3/24/2009 to include the newly appointed Administrator of the Estate of Sofija Schurowliew. (Exh. 20, p.145). On 4/10/2009, Case 2008 ADV 136931 was dismissed by Court Order and the Action was allowed

to proceed under the previously filed case 2009 ADV 144867. (Exh. 21, p. 152). When 2008 ADV 136931 was dismissed it only contained an Action for Accounting and a Request for Removal of

Fiduciary.

B. Cuyahoga Probate Court case 2009 ADV 144867:

On 2/26/2009, the Plaintiffs filed a Complaint for Concealment of Assets in the Probate Court, pursuant to the Probate Court's instructions on 1/26/2009 that the Concealment Complaint comply with ORC 2109.50. 'Phis Concealment Complaint was filed under case # 2009 ADV 144867. (Exh. 22, p. 154; Exh. 4, p. 36: Docket). The Concealment Complaint was amended on 3/24/2009 to include the newly appointed Administrator of the Estate of Sofija Schurowliew. (Exh. 23, p.160; Exh. 4, p. 36). The new Concealment Complaint conceaved the Estate of Sofija

Schurowliew and the Sofija Schurowliew Income Trust. in the Amended Complaint for Concealment of Assets, Plaintiffs requested, in addition to the 10% penalty called for in ORC 2109.50, attorney fees, costs, and other just and equitable relief. Again, all assets in controversy involved all the same pre-death transfers listed above in this Affidavit by Sofija Schurowliew

starting in 1989. 4 On April 10, 2009, the same day the Plaintiffs filed their notice of disinissal of Probate Case 2008 ADV 136931, the Probate Court granted the Plaintiffs' oral Motion to transfer the Temporary Restraining Orderll and the Preliminary Injunction with respect to the Trust Assets, the residence, the Individual Retirement Account, and all of the bank accounts at Charter One Bank and Dollar Bank, to Probate Case 2009 ADV 144867 (the Concealment Case). (Exh. 25, p. 167). Thus, there was no break in Probate's control over the assets of Sofija

Schurowliew at any time after June of 2008.

C. Cuyahoga Common Pleas Court case CV 09 684581:

On 2/11/2009; the Plaintiffs filed a Complaint in Cuyahoga Court of Common Pleas under case # CV 09 684581. (Fxh. 25, p. 168; Exh. 5, p. 49: Docket). The Complaint in Cotnmon Pleas eopeeined the same Sofija Schurowliew Income Trust (which had tenninated on 5/30/08) and the Estate of Sofija Schurowliew. The Complaint included the Counts of Negligence/Breach

of Fiduciary Duty, Fraud, Conversion, Interference with Expectancy of lnheritance, and tJnjust

Enrichment, and asked that:

1. A permanent injunction be issued, enjoining Defendant from taking any actions related to or affecting the Sofija Schurowliew Income Trust without the unanimous consent

of the Plaintiffs; 2. A permanent injunction be issued, enjoining Defendant from taking any actions to or affecting the property; funds, assets, things, and or moneys either related to this action , owiied by Sofija Schurowliew, the Sofija Schurowliew Income T'rust, and/or which

Plaintiffs own/owned,or had/have and interest; 3. the Court award Plaintiffs sole title and ownership to all real and personal property which

Defendant improperly obtained, withdrew, concealed, embezzled, conveyed away, impermissibly possessed, disposed, and/ or made personal use of (or in the alternative orderthat said property be provided, returned, or restored to Sofija's Estate). -4: the Court award Plaintiffs coinpensatory and punitive damages, in excess of $250,000, to

be paid by Defendant; 5 5. the Court award Plaintiffs attorney fees and costs;

6. the Court remove Defendant as 'frustee and fiduciary; 7. the Court grant other relief as just and necessary. (Exh. 25, p. 173).

The Complaint was amended to include the Administrator of the Estate as a Defendant. Again, all assets in controversy involved all the same pre-deatli transfers by Sofija Schurowliew since 1989 listed above in this Affidavit. (Exh. 26, p. 175; Exh. 5, p. 50).

On 2/24/09 Defendant Vatentine Schurowliew (Relator) filed an Answer and a Counterclaim for 17efamation, Malicious Prosecution, Intentional Infliction of Enlotional Distress, and Abuse of Process against Plaintiffs in CV 09 684581, asking for attomey fees and monetary damages for the above causes of action as fheyrelatedto the multiple lawsuits filed by Plaintiffs. On 4/2/2009, Defendant (Relator) filed a Notice of Partial Dismissal of his Counterclaim (Malicious Prosecution count). On 4/6/2009, Plaintiffs filed an Amended Complaint including the Estate Adtninistrator asDefendant. On 4/9/2010, the Court of Conunon Pleas dismissed Defendant (Relator's) Counterclaim for Abuse of Process, Defamation, and Intentional Infliction of

EfuotionalDistress with preju,dice (butnot without delay).

6 LAW AND APPLICATION TO THE FACTS

1. THE STANDARD FOR A WRIT OFPROHIBITION

For awrit of prohibition to issue, the relator must prove "(1) the court against whom it is sought is about to exercise judicial power, (2) that the exercise of such power is unauthorized by law, aud(3) that, if the writ isdenied, he will suffer injury for which no other adequate remedy exists" State ex rel Connor v: McGous h, 46 Ohio St. 3d 188, 189, 546 N.E. 2d 407 (1989).

In some instances the Supreme Court has substiiuted the tlrird requirement with the requirement that the jurisdiction of the court in question be "totally lacking," i.e., "when a lower court totally

lacks jurisdiction,*** the availability or adequacy of a remedy of appeal... is immaterial to the

exercise of supervisory jurisdiction by a superior court." Id. at 192.

Additionally, the court issuing the writ of prohibition is ernpowered not only to command

the eessation of future exercise of j udicial power by the officer, but also is empowered to

undo the unlawful action committed bythe officer in contravention of the jurisdictional

restraints it disregarded. See State ex rel Lomaz v. Court of Common Pleas (1988), 36

court issuing writ of prohibition has t)Ienary power OhioSt. M 209, 212, 522 N.E. 2d 551 (

to correct results of unauthorized power and to restore parties to the same position they

occupied prior to the exercise of that power).

II. THE PROBATE COURT HAS EXCLUSIVE JURISDIC7'ION OVER THE ADMINISTRATION AND DISTRIBUTION OF THE ESTATE OF SOFIJA SCHUROWLIEW INCLUDING HER PRE-DEATII TRANSFERS

ORC 2101.24(A)(1) provides that the Probate Court has exclusive jurisdiction

( c) To direct and control the conduct and settle the accounts of eaecutors and administrators and order the distribution of estates;... 7 (1) To render declaratory judgments, including, but not limited to, those rendered pursuant to section 2107.084 of the Revised Code;

( rn) To direct and control the conduct of fiduciaries and to settle their account.s.

ORC 2101.24(A)(2) expands the probate court's exclusive jurisdiction by giving it exclusive jurisdiction over a particular subject matter if "both of the following apply:"

(a) Another section of the Revised code expressly confers jurisdiction over the subject matter upon the probate court; (b) No section of the Revised Code expressly confers jurisdiction over that subject matter upon any other court or agency.

Finally, ORC 2101.24( C) gives the probate court "plenaty power at law and equity to dispose

fully of anymatter properly before the court, unless the power is expressly ...limited or denied

by.asection ofthe Revised Code." In Goldbe alpney, 111 Ohio St. 3cd 211, 217, 855 N.E. 2d 856, 2006-Ohio 5485, the

Supreme Court cited Wozniak v. Wozniak (1993), 90 Ohio App.3d 400,407, 629 N.E. 2d 500, in

stating that "...[A] plaintiff has stated an actionable cause under R.C. 2109.50 if he alleges that

the asset is the exclusive property of the estate and that the defendant has Lmauthorized

possession of the asset or in some way has impermissibly disposed of it..." The Goldber

Court continued, citing Granxien v. Ev. 44 Ohio App. 2d 55, 60, 335 N.E. 2d 735 (1974):

R.C. 2109.52 expressl'.y authorizes probate courts in concealment proceedings to resolve questions of title for allegedly concealed, embezzled, or conveyed assets.... The cases pei-mitting probate courts to determine the validity of ...pre- death transactions have been held to be consonant with the modem and prevailing view that the ends of justice are expedited and best served by the disposition of as many issues as is possible in a single proceeding. dc+ + P,r r^l 1 i:inski v Cuyaho ^a Goldbere, 111 Ohio St. 3d at 218. The Csoldberg Court cite

C. Common Pleas Court Probate Div. (1995), 74 Ohio St. 3d 19,22, 655 N.E. 2d 1303 which

held that "...a declaratory juc)gment action may be brouglit in the probate court to determine

the validity of inter-vivos transfers where the property transferred would revert to the estate if 8 the transfers are invalidated...." in support of the power of the probate court in ORC 2109.50 cases. One must note that declaratory judgments are within the exclusive jurisdiction of probate courts pursuantto ORC 2101.24(A)(1)(1).

Thus, at least with respect to "questions of title" in pre-death transactions where there is a

claim that the assets belong tothe decedent's estate, ORC 2109.50 bestows jurisdiction on the

Probate Court. No other court, including general division common pleas, has express authority

to hear a concealment case similar to ORC 2109.50 or an action for a declaratory judgment

concerning the validity of a decedent's inter-vivos transfers. (See ORC 2101.24(A)(1)(1) and

ORC 2721.05; see also ORC 2305.01, Jurisdiction in civil cases: no express authority mentioned,

only general grant of authority to hear matters in dispute exceeding the exclusive jurisdiction of

county courts). These two observations result in the Probate's exclusive jurisdiction to determine

which assets should be included in an estate in a concealnient action. (ORC 2101.24(A)(2)). In

Washineton v. Robinson, 2007-Ohio -5716, No. 88897 (OHCA8), the Court, pursuant to ORC

2101.24(A)(1)( c) ("grant[ing] exclusive jurisdiction to probate courts to control the conduct of

executors and administer a decedent's estate..." Id at * 12), reviewed a controversy involving the

question of whether the funds;from a joint bank account should pass the decedent's estate or to the

surviving owner of the bank account. The Court in In re Estate of Leach, 2006-Ohio-3755, No.

21242 (OHCA2) at * 16, cited Cole v. Ottawa Home & Savines Assn. (1969), 18 Ohio St. 2d 1,

246 N.E. 2d 542, and In re Estate of Morrison (1953), 159 Ohio St. 285, 112 N.E. 2d 13, in

support of the probate court's jurisdiction to "decide questions of title to claimed assets of an

esiate."

It is incontrovertible from the above argument that the question of whether pre- death

transfers should remain in the possession of the pre- death transferee or flow to the estate is a 9 matter within the exclusive jurisdiction of the probate court. In Kasapis v. Hiah Point Pumiture,

2006-Ohio 255 (9 Dist. Summit) at {34}, the Court ordered a corporation to pass into a

revocable inter vivos Trust (per decedent's will) pursuant to Probate's exclusive jurisdiction

to "order the distribution of estates" per ORC 2101.24(A)(1)( c).

In Grimes v. Grimes, 173 Ohio App. 3d 537, 879 N.E.2d 247 (2007), decedent's executor

challenged several pre-death tcansfers by his allegedly incompetent father to his brother on the

basis of the brother's alleged "`f duciary relationship" with the fatber. The Court of Appeals

agreed that the probate court had "exclusive jurisdiction" because the "claims...were related to

the administration of [the fatlfer's] estate." Id. at 540. The Court of Appeals found that

the judgment of the general division of the Common Pleas Court was "void ab initio," having

been rendered without the benefit of subject niatter jurisdiction. Id. at 545. See also Patton v.

Diemer. (1988) 35 Ohio St. 3' 68. The Grimes Court cited R.C. 2101.24(A)(1)( c) which

provides that "[e]xcept as otherwise provided by law, the probate court has exclusive

jurisdiction** *[t]o direct and control the conduct and settle the accounts of executors and

administrators and order the cfistribution of estates." Grimes, 173 Ohio St. 3d at 543. Therefore,

any matter "related to the administration of an estate and the distribution of its assets are within

Mock v. the exclusive jurisdiction of the probate court." Cn'imes, 173 Oliio App.3d at 543, citing

Bowen (1992) Lucas App. No. L-91-210, citing R.C. 2101(A)(1)( c).

In the instant matters in Cuyahoga Probate Court and Cuyahoga Common Pleas Court, all of

the assets in controversy involve pre-death transfers by Sofija Schurowliew to her older son the determination Valentine Schurowliew from1989 until 2007. Following the above cases,

as to whether the payable on death accounts, the joint with rights of suivivorship accounts

and those accounts transferred outright should be property of the Estate of Sofija Schurowliew 10 is within the exclusive juri sdiCtion of the Probate Court.

A. The General Division of Common Pleas lacks subject matter jurisdiction over claims of fraud upon a decedent, negligence, breach of fiduciary duties owed a decedent, and conversion of a decedent's assets.

In Treadwa v. Free Pentecostal Pater Avenue Church of God Inc., 2008-Obio-1663

(OHCA 12), the Court agreed ivitli the Court of Common Pleas below that the latter lacked subject matter jurisdiction over elaims of °conspiracy to defraud the decedent, fraud upon the decedent, breach of fiduciary duties owed to the decedent, conversion of the decedent's assets,

and incapacity of the decedent to enter a contract." The Court of Appeals agreed that "all of

th[o]se claims were within the exclusive jurisdiction of the probate court and should have

been brought as a will contest:" Id. at {27}. The justification for that holding was

ORC 2101.24(A)(1)(1), giv[ing] the "probate court exclusive jurisdiction to render declaratory judgments, including but not limited to, those rendered pursuant to section 2107.084 of the Revised Code." Under RC 2721.05, "any person interested as through an administrator, ...fiduciary,...devisee, legatee, heir.... inthe administration *** of the estate of a decedent, may have a declaration of riglits or legal relations in respect thereto*** [tjo determine any question arising in the administration of the estate..." R.C. 2101.24 and 2721.05 'taken together*** give the probate court exclusive jurisdiction over declaratory actions brought to determine any question arising out of the administration of the estate. Lamar v. Washington , Allen App. No. 1-05-54, 2006-Ohio- 1414 at * 15; see also Grimes v. Grimes, 173 Ohio App. 3d 537, 2007 Ohio 5653 at * 17. Probate Courts are are therefore vested "with jurisdiction over declaratory judgment actions upon questions related to the administration of an estate" State ex rel Lipinski v. Cuyaho a Countv Common Pleas Court, Ptobate Div., 74 Ohio St. 3d 19, 22, 1995-Ohio-96.

Id. at {28}. In Treadway, no estate was administered because the decedent's assets, as in

the instant matter, had passed to the recipients via beneficiary designation outside of the probate

process. However, as in Treadway, a challenge to such transfers remains "within the exclusive

jurisdiction of the probate couil because the setting aside of sueh a transfer, as requested in the

relief,...would cause the asset to revert to the decedent's probate estate." Id. at {29}. 11 The Court in Treadway concluded that "[t]his would apply to the ...claims of conspiracy, fraud, conversion.... '1'he claim of breach of fiduciary duty challenge [dcfendant] in her capacity as a fiduciaiy of the decedent or the decedent's estate and are likewise within the exclusive jurisdiction ofthe probate court." Id, at {29}. As an aside, in Hamblin v. Daugherty, 2007 Ohio

5893, the 9`" District Court of Appeals, citing Strock v. Presnell, 38 Ohio St. 3d 207, 216

(1988), stated that "[a]s has been recognized by the Ohio Supreme Coi.u•t, a claim based upon an alleged breach of fiduciary duty is basically a negligence claim, albeit involving a higher standard of care." It follows that a negligence claim with respect to an estate would fall under the exclusive jurisdiction of a probate court, as well. Hamblin, 2007-Ohio-5893 at {25}.

In In re Estate of Goehririp,, 2007-Ohio-1133 (7`h Dist. 2007), an appeal combining a will contest and a general division tort case for intentional interference with rights of inheritauce, the

Court stated that "the tort of intentional interference with rights of inheritance cannot be used to bypass the probate court or to overturn the probate court's determination of the validity of a will due to the probate court's exchisive jurisdiction in th[o]se areas." Id. at {67}. Such a

strategy is "an improper use of civil proceedings." Id. at {67}.

The Plaintiffs in Cuyahoga Common Pleas Case CV 09- 684581 alleged fraud, conversion,

negligence, and breach of fiduciary duty on the part of Relator Defendant in respect to the

decedent and her Estate. (Exh. 25, p. 168). As explained above, Common Pleas General

Division lacks subject matterjurisdiction over claims of negligence, fraud, conversion, and

breach of fiduciary duty in respect to a decedent and his estate. Using General Division Common

Pleas case CV 09 684581 to bring claims of fraud, breach of fiduciary duty, conversion, and

negligence with respect to the decedent and her Estate is an attempt to bypass the authority of

12 2009 ADV 144867. (See Exh. 4, the Probate Court in the eventof an unfavorable ruling in Case case docket).

B. The General Division of Common Pleas Court lacks jurisdiction over claims of Tortious Interference u^ith rights of Inheritance and Unjust Enrichment because those claims are not yet ripe for adjudication. Plaintiffs are using these torts to bypass Probate jurisdiciion.

The Ohio Supreme Court lias noted that "ripeness is peculiarly a question of tiniing."

State ex rel Elvria Foundilf Co. v. Indus. Comm. (1998), 82 Ohio St. 3d 88, 89, 694 N.E.2d

459, quoting Regional Rail Reortra.nization Act Cases (1974), 419 U.S. 102, 140, 95 S.Ct.

335. The "basic rationale" of the ripeness requirement "is to prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements..."

Abbot Laboratories v. Gardnei (1967), 387 U.S. 136, 148, 87 S.Ct.1507. Courts in other jurisdictions have held that a elaim for intentional interference with expectancy of inheritance

may not be pursued if adequate relief is available to the plaintiff through "adequate probate

procedures." Roll v. Edwards, 156 Ohio App. 3d 227, 805 N.E. 2d 162, 169 (4 Dist. 2004). Such

authority includes Moore v. Graybeal (1988) 843 F. 2d 706, Robinson v. First State Bank (1983),

97 111. 2d 174, 454 N.E. 2d 288, and other cases listed in Roll, 805 N.E.2d at 169.

The Roll Court added that for "purposes of determining relief, an award of punitive damages

is not a valid expectation." R611, 805 N.E.2d at 169. The Roll Court noted that if the Plaintiffs

were able to pursue both the probate cause of action and the tort action in common pleas

simultaneously, "there is a risk they [would] receive a double recovery--the inheritance...and

money damages equal to the value of the inheritance. Roll, 805 N.E.2d at 169. The Roll Court

concluded by saying that until the probate case ended, it was uncertain as to whether Plaintiffs

suffered damages as a result of the alleged interference with their rights of inheritance and that 13 the issue was not ripe in the general division. Roll, 805 N.E. 2d at 170.

In In the Matter of the Est'ate of Goehrine, 2007 Ohio 1133 (7°i Dist. 2007), the Court stated that "the tort of intentional interference with rights of inheritance eannot be used to bypass the probate court or to- overturn the probate court's determination of the validity of a will due to the probate court's exclusive jurisdiction in th[o]se areas °" Id. at {67}.

Such a strategy is "an improper use of civil proceedings." Id. at {67}.

In the instant matter (Coimrton Pleas CV 09-684581), the Plaintiffs are using the tort of intentional interference with rights of inheritance to bypass the authority the Probate Court in the event of an unfavorable result in 2009 ADV 144867 (Concealment Case) in respect to

pre-deatb transfers by Sofjja Schurowliew which they feel should be in her Estate. That also

raises the possibility of double recovery. In addition, the tort of intentional interference with

rights of inheritance is not ripe for adjudication tuitil the Concealment Action is resolved.

The claim of Unjust Enrichment in Common Pleas case CV 09 684581 in respect to the

pre-death transfers of Sofija Schurowliew and her Estate merit the same treatnsent. If the

Plaintiffs are unable to present evidence of damages at the current time from Interference with

Inheritance Rights, they cannot present any such evidence of TJnjust Enrichnient on the pait of

Defendant Relator. In Holt v: Sav.wer, 180 Ohio App. 3d 255, 259, 2008 Ohio 6686 (1" Dist),

the Court of Appeals stated that because " the [Plaintiff] was unable to demonstrate a genuine

isstie of material fact with respect to the Intentional Interference ...claim, [he] also did

not demonstrate that the Defendant [was] unjustly enriched." That implies that if the

Interference with Inheritance claim is not yet ripe (no evidence of danrages), then neither is the

claim of unjust enrichtnent. 14 C. The Plaintiffs in the instant matter lack standing in the General Division to bring their Estate claims of fraud, conversion, negligence, and breach of fiduciary duty

In Ohio, before a court may consider the merits of a legal claim, "the person seeking relief

must establish standing to sue.*** The concept of standing embodies general concerns about

how courts should function in a democratic system of government" State ex rel. Ohio Academy

of Trial Lawyers v. Sheward, 86 Ohio St. 3d. 451, 469, 1999-Ohio-123. The Ohio Supreme

Court has stated that "the question of standing depends on whether the party has alleged such

a personal stake in the outcokne of the controversy, as to ensure that the dispute sought to be adjudicated will be presented in an adversary context and in form ...viewed as capable of judicial resolution." Id. at 469. The Court in Bourke v. Carnahan, 163 Ohio App.3d 818, 2005-Ohio-

5422, 840 N.E. 2d 1101, 1105, defined standing in terms of the plaintiff having "suffered an injury in fact, defined as an invasion of a legally proteeted interest...that is concrete and particularized...not hypothetical or conjectural. Next, the conduct...must be causally connected to the injury... Finally, it must be likely... that a favorable decision will redress the injury."

In Treadwav, 2008-Ohio-1663 at {30}, the Court stated that the claims of conversion, breach of fiduciary duty, and';fraud "asserted an injury suffered by the decedent.... Under law, those claims belong to the estate of [the decedent] and may not be asserted by third parties."

The Court went on to say that the plaintiffs do have a claim against the executor if they are beneficiaries of the estate: However, they do not have standing to pursue such claims with respect to the estate directly against a third party defendant. Id. at {30}

In the instant matter, the Plaintiffs in CV 09 684581 seek relief in the alternative by having the Court of Common Pleas place the assets in controversy (pre-death transfers) into the Estate of Sofija Schurowliew. (Exh.25, p. 173). According to Treadway, they do not have standing to

15 relief based on an injury to thedecedent. Thus, they themselves may not require the assets to be transferred to the Estate of Sofija Schurowliew in the general division of Common Pleas.

111. THE PROBATE COURT HAS EXCLUSIVE JURISDICTIONOVER ALL MATTERS RELATED TO THE SO[IJA SCHUROWLIEW INCOME TRUST

A. The Probate Court assumed jurisdiction first in time over the Sofija Schurowliew Income Trust, the Parties, and assets in controversy (pre-death transfers)- and maintained jurisdiction, as well as control over the assets.

ORC 2101.24(B)(1)(b) gives the "probate court... concurrent jurisdiction with., and the

same powers at law and eqtrity, as the general division of the court of common pleas...to

deteimine action[s]... that involve[] an intervivos trust..." In Friedman v. Friedman, 1990 WL

51998 (9`h Dist. 1990) at *3, the Court stated that

It is well settled that as between courts having concurrent andcoextensive jurisdiction the Court whose power is first invoked by the commencement of proper proceedings and service of the required process acquires the right to adjudicate upon the whole issue and settle the rights of the parties to the exclusion of all other tribunals. Butler v. Butler (1984), 19 Ohio Misc. 2d 1, 2 citing In Re Guardianshiv of Stephens (19641 2 Ohio Misc. 47[,202 N.E. 2d 258.

In Madiuan v. Dollar Building and Loan C 52 Ohio App. 553, 4 N.E. 2d 68, 69 (1935),

the Court of Appeals stated, amplifying the above rule, that under the recognized rule of comity, to the effect where a court of competent jurisdiction has acquired possession of the subject znatter and the right of a party to prosecate his action has once attached, the riglit of the court to retain the case cannot be defeated by the institution of proceedings in another court, although of concurrent and coordinate jurisdiction. Boynton, J. of the Supreme Court, in the case of 1)wyer et al.. AssiQnees v. Garlough (1877), 31 Ohio St. 158 at 160, referring to this question, uses the following language: "The existence of the rule contended for is clearly established. As between courts of concurrent and co- extensive jurisdiction, the one whose power is first invoked by the institution of proper proceedings, and the service of the required process, acqluresthe right to adjudicate upon the whole issue and to settle the rights of the parties to the exclusion of all other tribunals."

The Court in In re Guardiansfiip of Steohens (1964), 2 Ohio Misc. 2d 47, 202 N.E. 2d 458, 462

quoted 14 Ohio Jur. 2 , Courts sec. 154: 16 Where specific property is involved, the general rule is that the court which first acquires the lawful jurisdiction of such property...by the due conunencement of a suit from which it appears that it is or will become necessary to ;a detennination of the controversy involved or to the enforcement of the judgment or order therein for the court to seize, to charge with a lien,...or to exercise other similar dominion over the property, therebyf withdraws that property from the jurisdiction of every other court so far as it is necessay to accomplish thepurpose of the suit, and that court is entitled to retain such control as is requisite to effectuate its final judgment...free from the interference of every other tribunal.

Finally, as between courts of concurrent jurisdiction, the court thatfn•st acquires jurisdiction over the parties has exclusive jurisdiction to adjudicate the matter. Kane v. Kane (1946), 146 Ohio

St. 686, 67 N.E. 2d 783, syllabus; accord State ex rel. Largent v. Fisher (1989), 43 Ohio St. 3d

160, 162, 540 N.E.2d 239, 240.

In the instant anatter, Cuyahoga Probate Court acquired jurisdiction over the Sofija

Schurowliew Income Trust, property of the Estate of Sofija Schurowliew, and Sofija's pre- death transferred property inCase 2008 ADV 136931 on May 23, 2008. (See Exh 11, p. 97).

Cuyahoga Probate Case 2009 ADV 144867 was filed on February 26, 2009 (Exh. 22, p.154). while the original Probate Case 2008 ADV 136931 was dismissed on April 17, 2009

(Exh. 3, page 34). 'The Probate Court acquired jurisdiction first in time while the Trust was still in existence and that jurisdiction continued uninterrupted. 1'he Probate Court acquired jurisdiction first in time over the Parties (Trustees), as well. When the General Division case was filed (2/11 /2009-Exh: 5,,p. 49), the Trust had long ago terminated (5/30/2008).

B. Plaintiffs cannot use their claims of fraud, negligence, conversion, unjust eririchment breach of fiduciary duty, and tortious interference to bypass the authority of the Probate Court over the Sofija Schurowliew Income Trust

As stated above in In the Matter of the Estate of Goehrine, 2007-Ohio -1133 (7°i Dist.

17 2007) "the tort of intentional interference with rights of inheritance cannot be used to bypass the probate court or to nverturn the probate court's determination of the validity of a

will....due to the probate court's exclusive jurisdiction in th[o]se areas." Id. at{ l l}. Such

a strategy is "an improper use of civil proceedings." Id. at{ 11 }. Analogously, Plaintiffs

should not be allowed to use the various causes of action such as fraud, conversion, breach of

fiduciary duty, negligence, unjust enrichment, and tortious interference to bypass the Probate

Court's first in time exclusiveijurisdiction (discussed above) over the Sofija Schurowliew

Income Trust. If that is penpitted, then as in the case of the Estate, there woLdd also be a

danger of double recovery.

C. The probate cotirt has plenary power to adjudicate all issues in its exclusive jurisdiction over the Sofija Schurawliew Income Trust.

As in the discussion concerning the Estate of Sofija Schurowliew, the plenary power of the

Probate Court in ORC 2101.24( C) gives the Probate Cotut the power to adjudicate claims of

fraud, conversion, breach of fiduciary duty and negligence on the part of Defendant Relator (co-

trustee) with respect to the Sofija Schurowliew Income Trust. This power is specifically referred

to in ORC 2101.24(A)(1)(m) giving the Probate Court exclusive jurisdiction to "direct and

control the conduct of fiduciaries and settle their accounts."

'The probate court has exclusivc jurisdiction to "render declaratory judgments" pursuant to

ORC 2101.24(A)(1)(1). ORC 2721.05 provides that any "person interested as or through an

executor, fiduciary, legatee...or cestui que trust, in the administration of a tnist or estate of a

decedent may have a declaration of rights or legal relations in respect thereto.... (B) to direct

..:trustees or other fiduciaries to do or abstain from doing any particular act...; ( C) to determine 18 any question aissing in the adininistration of the estate or tiust..." A determination of whether any of the assets in controversy in the instant matter (joint and survivor aecounts, payable on death accounts, or outright pre- death ownership transfers) should belong to the Sofija

Schurowliew Income Trust (or the Estate) by the Common Pleas Court General Division

would impinge on the exclusive jurisdictionofthe Probate Court. In In re Estate of Morrison

(1953), 159 Ohio St. 285, syllabus, the Supreme Court held as follows:

By the Constitution and statutory enactments, the probate court is invested with power and jurisdiction to adjudicate the title to and status of personal property where, during the administration of a decedent's estate in such court, decedent's widow files her petition asking for a declaration that certain property is an asset of the estate... as against a claim that such property was effectually disposed of by the decedent during his lifetime tln•ough a written declaration of trust.

"If an...interested party discovers that an asset was not inicluded in the inventory ... of the

decedent and thus the asset may belong to the estate, such party may bring an action in

declaratory judgment under R.C. 2721.05, or use the special proceedings of R.C. 2109.50 to

determine whether such asset belongs in the estate of the decedent." Resolution Trust v. Levitt,

1992 WL 181715 (Cuyahoga?8' Dist. 1992) at *4. One must recall that in the instant Probate

Case 2009 ADV 144867 the Plaintiffs are using ORC 2109.50 to determine the title and status of

the assets in controversy. (See Exh. 21, 22). Again, these assets all involve pre-death transfers.

Finally, a determination by the C'ommon Pleas Court in CV 09 684581 of the composition of

the Sofija Schurowliew Income Trust would be irrelevant, for the Probate Court in 2009

ADV 144867 has exclusive jurisdiction over the administration of estates. In distributing the

property in controversy in the instant matter, the Probate Court must determine which, if any, of

the pre-death transfers must go to the Estate, and then, which of those assets should have

been in the Sofija Schurowliew Income Trust. The Estate and the Trust are thus related.

Any determination by the Conlmon Pleas Court in CV 09 684581 as to which assets should 19 have been in the corpus of the Sofija Schurowliew Income "1'rust would directly impact the composition, distribution, and administration of the Estate of Sofija Schurowliew, wliich is in the exclusive jurisdiction oi the Probate Court. The Court in In re Estate of William

Jobe, 1994 WL 200542 (12 Dist. 1994), noted that "a [probate court's] cause of action comprises every fact necessary to the right of relief prayed for. Swankowski v. Diethelm (1953), 98 Ohio

App. 271." Id. at *2.

Thus, from all of the above discussion, it is clear that the Probate Court has exclusive jurisdiction and plenary power (ORC 2101.24( C)) over all matters related to the Sofija

Schurowliew Income Trust, having acquired such jurisdiction first in time and maintained it.

IV. 1'HE PROBATE COURT IS EMPOWERED TO GRANT RELIEF IN THE FORM OF DAMAGES

The Probate Court in ORC 2101.24(C ) is granted "plenary power at law and in equity to dispose fully of any matter that is properly before the Court, unless the power is expressly or

otheitivise limited or denied by a section of the Revised Code." Money damages were

addressed in Goff v. Ameritrust Co., N.A. (1994), Cuyahoga App. Nos. 65296 and 66016,

unreported, 1994 WL 173544, which found that "an action seeking monetary damages [for

breach of fiduciary duty] is within the probate court's plenary power at law and clearly affects

the court's direction and control of the fiduciaries' conduct and affects the court's settlement of

the fiduciaries' accounts. It must be remembered that the probate court's plenary power at law

authorizes the probate court to exercise complete jurisdiction over the subject matter to the

fullest extent required in a given case." Id. at *8.

"The Supreme Court notes the Goff decision favorably in Lewis v. Moser (1995),

72 Ohio St. 3d 25, 657 N.E. 2d 155... The probate court [in that case] niled that it did not

20 have jurisdiction over claims for damages. The beneficiaries then looked to the Supreme

Court for a writ of mandamus to compel the respondent (general division, eomnion pleas) to adjudicate the claims against [the fiduciary]... The Supreme Conrt refused the writ of mandamus, stating `we are not convinced that the probate court so patentlv and unambiguously lacks jurisdiction over claims for breaches of fiduciary duty seeking monetary damages that we are willing to issue a writ of mandamus and circumvent the appellate process.' Id. at 28...

The Court then acknowledged an apparent change of philosophy. By per curiam decision, the Court stated: `In essence the Goff court held that (1) the probate court's plenary jurisdiction at law and in equity under R.C. 2101.24(C ) authorizes any relief required to fully adjudicate the subject matter within the probate court's exclusive jurisdiction, and (2) claims for breach of fiduciary duty, which inexorably iniplicate control over the conduct of fiduciaries, are within the subject matter jtirisdiction by virtue of R.C. 2101.24 (A)(1)( c). The thoughtful

discussion in Goff suggests a basis for reevaluating the holdings...that probate courts caruiot

award monetary dainages..."Bank One Trust Co. v. Nye, 91 Ohio Misc. 2d 204, 698 N.E.2d

519, 521, quoting Lewis v. Moser (1995), 72 Ohio St. 3d 25, 657 N.E. 2d 155.

Other courts have also rejected the proposition that probate courts cannot award monetary

damages for claims that are tivithin the exclusive jurisdiction of the probate court. As examples,

Keith v. Brimaardner, 2008-Ohio 950 (10"' Dist. 2008), cites: Ohio Farmer's Ins. Co. v. Bank

One (1998), Montgomery App. No. 16981; Holik v. Lafferty, 2006-Ohio -2652, at {18-21};

Ohio Farmers Ins. Co. v. tinpton National Bank (2000), Cuyalioga App. No. 76303; Rowan

v. McLaughlin, Cuyahoga App. No. 85665, 2005-Ohio -3473; and Gilpin v. Bank One Com.,

Clermont App. No. CA2003-09C073, 2004-Ohio-3012. Keith, 2008-Ohio-950 at { 11, 12}.

21 V. RELATOR ASKS TIIE SUPREME COURT OF OHIO TO DENY RESPONDENTS' MOTION TO DISMISS HIS COMPLAINT AND TO GRANT THE WRIT OF PROHIBITION AS THE FAC'TS AND CIRCUMSTANCES POINT TO THE COMMON PLEAS COURT'S TOTAL LACK OF JURISDICTION

The Plaintiffs were granted a Temporaiy Restraining Order on June 12, 2008, and a

Preliminary Inj unction on June 25, 2008, with respect to all of the Sofija Schurowliew's assets wliich could be frozen, including: The accounts at Charter One and Dollar Banks, the residence at 4323 Leading Ave. Cleveland, Ohio (pre-death transfers), and all of the Sofija Schurowliew

Income Trust Accounts at Dollar Bank. Plaintiffs even demanded and obtained discovery of

Relator's own unrelated personal assets in November of 2008. The Teniporary Restraining

Order and Preliminary Iiijunction were transferred to Probate Case 2009 ADV 144867 on

April 10, 2009. Thus, at no time since May 23, 2008, was the Cuyahoga Probate Court ever without jurisdiction or control of the Sofija Schurowliew Income Trust and its assets, the Estate of Sofija Schurowliew (deceased May 30, 2008), and the pre-death transferred assets, because for a short period of time there were two overlapping open cases in Probate Court. Common

Pleas Case CV 09 684581 was filed on February 11, 2009. Thus, Probate Court obtained priority of all litigation concerning the Sofija Schurowliew Income Trust, as well as the Estate of

Sofija Schurowliew, to the exclusion of the General Division of the Common Pleas Court. It needs to be noted again that by the time the General Division assumed jurisdiction, the Trust had long been terminated. As Probate controls the litigation and the assets, Relator is at loss to see what the ultimate impact of any action by general division common pleas would be, except to give Plaintiffs "a second bite at the saine apple."

In City of Whitehall ex rel Wolfe v. Ohio Civil Rights Comnlission, 74 Ohio St. 3d 120,

656 N.E. 2d 684 (1995), the Supreme Court stated that "absent a patent and unambiguous lack ofjurisdiction, a tribunal having general subject matter jurisdiction of a case possesses

22 authority to determine its own jurisdiction, and a party challenging its jurisdiction has an adequate remedy via appeal from its holding that it has jurisdiction." Id. at 123, 124.

In the instant matter, the Cuyahoga Probate Court has control over the assets of the "I'rust and the Estate. It has jurisdiction over all matters concerning the Estate and the Sofija

Schurowliew Income 'Tnist through its plenary power at law and equity to distribute estates, to render declaratory judgments such as those of title and status of various non-probate assets in pre- death transfers, and to control the conduct of fiduciaries and settle their accounts, to the

exclusion of the general division of common pleas. It was first to acquire jurisdiction and

control over the Trust and the'Parties, as well as Sofija Schurowliew's pre-death transferred

assets (the assets in controversy in all of the cases).

CONCLUSION

WHEREFORE, RELATOR ASKS THE SUPREME COURT TO DF,NY RESPONDENTS' MOTION TO DISMISS AND TO GRANT HIS WRIT OF PROHIBITION, ORDERING, THE COMMON PLEAS COURT' TO DISMISS CV 09-684581 FORTHWITH FOR THE FOLLOWING REASONS: i

1, The Probate Court has excjusive jurisdiction over distribution and administration

of Estates and as to determination of pre-death transferred assets belonging thereto.

2. The Probate Court, having been the first (in time) Court to assume jurisdiction over the

the Sofija Schurowliew Income Trust, the Trustees (Parties), and Sofija Schurowliew's

pre-death transferred assets (and maintain that jurisdiction), has exclusive jurisdiction over

them.

3. When the Common Pleas Cotirt assumed jurisdiction, the Trust had long ago terminated.

4. The Probate Court's Plenary Power allows the Court to adjudicate all issues

23 fully and completely over both the Estate and the Trust, including damages.

5. The Probate Court controls Sofija Schurowliew's non-probate and probate assets

through a temporary restraining order and preliminary injlmction issued in June of

2008. The Common Pleas Court never had any such control over the assets.

6. All of the assets in controversy in all of the cases involve pre-death transfers (outright

ownership, joint with survivorship, and beneficiarY upon death) by Sofija Schurowliew

to Defendant Relator from 1989-2007.

Stanley 7ossel^o^{0025^ 1276 W .3 St. Clev and Mro 44113 216-69 -070 J [email protected] APPENDIX I

COPIES OF ALL STATUTES USED IN 1'HE ANSWER

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C Y3 ^,^)u. t C '^k'C i7,.i and ai€ n'i7iSfratOrS 3i':C? ±7(dB;" ?he distribution uant to section 2113.06 I\d; To appcint tre attorney generai .o se:ve as the admirr;st:atus et an es of the Revised Code; dI'i ect arid COritCC)i their c, and $.^--tt=. ^ITOiirl: ^ard' ter,';,.'ra COndUci', af'.d 5a°`L!,':':fl:-ii aC

a t;gi iL: ma^'.8 ti+q'' SYS SeSC° ti^g i5^:,ibun^ wf^^r^' a"tlB sY €U tFrat 's - sYJii of a m2i!?Si 0[ -_7h}'SIC^: , +,r as Ei result of chrc++7 cuoyt>^cs ab^i•:E, that they are unable to illness or disabfi zv, o+^?"tai retardation 4 10 y FvrG-2 + i.•,`J^ manage iheir PrOue: ^`,^ and <^;ffia:s s-1teC.C+se+p 5' -^J,c^ nz irIsei,rents, contrci their (h; Ta a;a if;r as i nees, a oir, and t; Condf:GC: and sC-`Cie i?`^+i aCCciU:7iS' a ^ -^-3'^ 2^ arES ^'t•'^ ih^c J ni7^ '1,)r;cf.-,.. 031° :` ^ + +-5`b\4ra ^, u1+Cfi C„ _^s zJ? .^,(e. on *, °3etI+.O1 C; e:,-.rL.orS. ^C` .i'l:St!°dYvrS and gUatdlB-S, a531g^"'anYe C7.' .^.Ch.. ':° ^ . ec.':e contr2C'`i Or! 7. f t?^,n ^. '-XE?CU4Grs and adminlstratois, r. a. ^i t oaJ'th^ri2 inr Of

(K; iOCC-IStrCCr''."iS; ursuant t0 SeCCiOn (i) iC^ "ptl.7.S: G£G!wr a'

ci cli'ftr04 id ip. truct, on pex+t:or, cp (,7`, ?'o auihorize t: ^e saia or lea the trustee; st . + df`i; • ?sG a +:.Cie: t .. ;UiY.y rnvy do so; (Oj To terminate a testar.'18r:t ry c„ i, t, l'i) -^fif:di"a 'Aj E'o adjudicat2 t`i;e properi:y Cia:c ttit 0 v d 1'J xrFk-' :?k?Eri ``^ i'.^... rlghPs ai -d Gv IG,^.u-.ns ° 1^i.n1 Of ihe Revised Code to obtain "o hear and Etei(T,i'P an e^ l^^i+ Ct:-"7'^,- tC`+ CuiSl+a ^^.+ "r'C ^ ^i ) e. 'it,' identity O`tt

5; i'71'20'? 6:04 i';) 1 of3 n>j F ro^u i zvv^. .. ;asemaker - OH - Reviscd <'!?--e -

person`s biologicai parer?ts,and biological siaiir:gs;

(5) TQ act ior and iSsie :'.ri;er5 !'ega,'d tC v:'Ero,S uLrS!.ia'P.' . C s:':4ion 2;.11.50 ^7 Ciie Revised Code;

court: sons'riovr^,iaiized (u) ^fv hear ^md zS; fe ri-^ ^ v" ^zr: pursuant ta sectosx 6':22.141 or 5122.15 (v} To hear and deierrr:inc actions re

(rnJ) I o Fear anc cetPr, i:ne actions co nr.ianc.ed by O' ject ' snE ti^ia_ i. ,^ uCOordance with section 2133105 of the Revised -^o e;

xj To near an;; ueie. rrine :;ct !-;.. withholdinr^ or ::eii:zi elci edi}: ?i9 a terViiinai condi£i0rr or in a wlthdraN'a!, of i!fe•::l<': ^:ain!ng CreatrP.-°rt`t Revised Code, ir, accordance permanently unsonsc ..js state cursvan } or sec?ioii 2133-u o* t^e with that division;

!O ii2ar and =:BtEffYi!1re zj3piiC2t;(.'•i;5 ;'::9rtain iC t'+O UJiti'3!`:oldiil:^Y Jr awal of ilUtriCtOn and (y) .rsuai t>a secfion. 2 i 33. 09 of t^e hydration ?r'o^'; :srta r - =atae?:s a -e,ediy in ^ p-^r sr .;^j ur;co ..,:.t.d ..`e.r: r^ Revised Code. I,? arccrdart ^,v'rh fhat"sz5ct;or°:; of section !Zi :- ^' -^a7 . :nc C 2133.`5 of the ;^el+isa:'i C;=re in connection `V!i". hear and determine aCt1C?lk. e aF "c' ':J i- JS`e or . U2T^ r^U 4il^n vt Wons;'Yr'f. c veCarants us^Cer declarations, or ",Jat! :tJ !n ertaiG principals urtler dur8t)te OJwers C^ r nr'y"J^ health care, 1 i2 Jfthe Revised "Ode. acCorda?1c^- with divis ion ( E) of either secdK^n ..`: b fl: 29:33 C,.nnSn ^aY'.`7tiCn i_ii7der s^°.ctlon (bG>} ^? r hear ? ..? v"tei n'i'i7 a'r^,ic2. v ... =:' (.`. C^ ,i ^=:iC i t ^ 2113.03 at's.he i^a^.:se:ti Co^:e;

i(7 ad ion il(lder !cC 'fO he2.' anQ :,-'.^.r iY)li7e a^Jfii:C.'^'ri-..,. ...° ,z.. secilOn 2113.031 of ir:E'. R2VlSe."i i"Lcle; of alS^?C.51ttOn, iii aCC6rdanCB with (dd) To hear ar:c-.. c^eternline acY!ons e^ting section 2108.90 ofi the Revised Code;

hik'7:a^ remains under (ee) To hee; a, deter^^3ne a .. f o,^^, ^.iai ;: 17 20 t'_... sectioii 5:.Revised . sectien, i' ;H

4 ^° r+ ^^, cl S^ '* ^ C i se'Ci ^^f ^SK i lnL f" iti° ^e^ S2^ ia-L i'+')l'ri. '-^i r` u^.^," t (b) Any ur ,^ tr Jf ^. r r<+,i, a r C1v 0i-<'7ltOrn.ey CoOe, a fr'ariS2t: - i! s O- SOaS t2r°i3^- InCiUCEny, b C"O. i(t^"'I. 'Ct, 'd of habeas : ;:r;^us.

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a^. f te i%t2 probate nU^^''i r.2Hy {7; Any : ;lCP `Ch .JC;r.JB c t be tic']x`57- c` ti"}E a7t.'Gr.f<. of Cosz?SY'on pIe2S. pro^7er^ Cj !he prCbat4. ^ s,^rt has pler-;"j ^r. ^p ai ;a^i arrv Ye dispose tu,l^s o^ any matter that is before the court, LIniess tl ePo:ver is express?y o{:henajse limited o= denied by a secaorf of the Ret/ised Code.

,eXClL151ve of that of any (D) -r: ie j4r:SQICTion 2CCj41i0d by apfob£!te court over a matter or OraceeG11?g f`ri other probate eQllCi, s:'.^,er`C wnerk ofhei1i'I; eo!'ooded by l2w.

... 7r1LM C:li4 PPO of3 hi,-TI .i; v W . . _ . ,,., isemaker - Ok - i2rv ised Coce seare,ii

or y^ r ^ ;d94"'^s wpe9F asseeR cvrlcewed 7j .,o 9 .^. m " e°`+.'yre-$,:

Cha=a MA'ass SS^

1-ixle tif.

wS'E^c,,3kPY 2$as, i"DsaMd&RBE ^^ltgh >Ivl"Z+i'a G ^iir78;?t t

_ . .. n f Il`e ad. UlijSti t't1 O" l{a°.i"JSt t ^ t4 *^r,rt ^ -: _it 2.^0 "° -^L Or"^ O_eg r ia--03'^ e e,r Ft'7n^ ie LP'RO a rf 5 n',f 1pe; BUn r.tei ested in estate O' of th,.. .AU;'i V/M ^ ^gr any person sU5p ecteC; of 'f^'stnr9 i? dt.^ a^ n! es a c ^ such SU6t e8tate or Ov`^helGfeG'i-ui G^ E i^C-`'7 3 ss+.on of any moneys, having concea4ed; d n zz nd, or "one,°yv'^ away or of being or a\^'S been in the posse if chattals, or choses in ^¢IO Ol' such P.=}Pie S.^iO ,OUr° s aii Jy C i''G"'1 aLY C'tYient. 01 Wa,"ranT, Or circumstances require it, 'vy kM1rGrra'"4^ or at ?chmP" i' in snc'lrsi I"rS a`1ue CCY"DE'1 i;'_'r50n or persons so i'e !"G r-t 6{ tile Ct.;Ri(J=P(n`. vNilefe o C no 4t YO bL °x8 c51r vd o(1 C32tf' SUSpeCtEd c0 `OtI'!1V;`I 2opn°8'' ,}ptOr° necessary such i'_ai t " tc7 ':,m°jtt C' f?,a r`T 7i`^ f 7e ta ^ C; m o'^ a end, the antount, SUCh costs 'u^ CEa50nc,^!e e;^JYira 7°^^ t be i ^!Pd ^ii:.`t'<^ Se, 14}^ ^C !n ft . r' COUnfy Cii?tiGi^ G!iz3 ^'`Y}Ei:f Cr 1° arYcl"^i i,c, U^.. utt f C^ °4`a 0^"°.'.ate iUd^'e- ternlS, ;On i} ii3:^+ ?wCSr' `^ i.cIP5 r. .b ^`i^.i, ,^.^"al L s3.',9J8LO i.^`'e

Ihe GrOt)aTti: CG ..^ap' li ^7te. vi;8'r'i.^:. C;^ Gi.± n r[?r7Y"on.

°(:?tr '' -' 7Yie,.'iirJi58i'rJ)i+ sitt"^fC -ai1C. ,oc,..,CeC kvri=nc, signed by the pa;ty Trie exaCn!raYlw, including question^; and :n5yi<.;" s1}a i t examinea and itlec ,:; the n'roi7a'e cot2rt i' e offered by either, party ' p,`Ou }c Lr': s11a}i SldeE ^sr^ ch t/tPSe^GeS rs ^t^^\+ ,r' required ov u^.}''r ;7^ufP ^E, touching the i31aYCer of such CO`Ytplafni ai Q Cr^ s^ :7ty . F3t ^l:n& 3(^ 0 Ek`er t

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§ 2109m52, -h

oitio Ssat;sfcas

Title 21, ^'^,,3i.brMS - PR^UATE- JUt,'EMLE

Chapter 2109. ivMOARIl°.S

'"iuSse,.". (+irUtiufl 4V612v1 .r.ttiTc-ii: :'1?fOvy(t ii'9f57Fi!?Oil 'itic.d`d(lfi ,.

' u-d^ r section G10`^ 'i) G re Revised Code, fhe probate court shall Wtle't ;JaSsl>t+.^ O-?_ c0rn0i2is t SY.ad^. by iir-'. Vs'CltrL Gf a 9U ti ,":elthe9' ^^rt}' :O^;a e> it O^M1r be@ , deteRllinO, ta t!i°OilOs52sStontof n'.oneyS, guflty of having concealed, e,eLe , cOnueyUd av^a,, srial( assess the accused is choses in act;on Gf t",e irvst es'ia?e. If suc4 persor is ro ,,,d ga' ^'. the ^rGbate coure chattels, or e9 "o De PcGOV "edOrtilc ^ ^{ ^'^'^' order this stat2: amount Ol daf'ilag ur` St-I c' ^ C^38^e ? rltgt^L i Into tany co UrityeU r0 ^4 r c.;;,3 `7 ynn .^.' enlbeZZleed or ay Ck." P' f°s^"Jr t6 Y C C, 0 P 1 ii ;t^^i 'sy 6erSGY` TO alJpEaP S Ge t ^ i which :,i:at^Ur _ .. .. _.. , , ^ a s rinr^^'-..2!ec'^., CGrnq3yeG, ^. c before ifia SNhOtr ae c C In a1 3 Ca325, v s ,^ I : O'f possessionap" ay SS^u^ fl ES? '_Y" ^' .C^Oi )UuCI iEn ^'F faVO' , r ^K n V^ 1"i^ Llc.- s r- 1 c' a{ t°}r eXcep: ^Vhe) t he er 35.c7 ?IdaaCta r, .' >t^°..!"c Gt.i"Jatr. t t ^- iltcll °71n il+',,'^,G!Y?Cr`i in favor Oi the s±ate, the fiduciary±he person foaTlo or guiliy, i' forh tne ar nau, ^t of t e moneys or ^ce da!t?e n° chattels or crases in action against enlbe_Zlet]. COnVe}'ed a`slUj+, Gr h 4`^ En pOsGO'sior to^..eii er s.rct r YE.7i v^r cent p8nalty and all costs of concealed ;` uar'^e:^f shaii be reducea -o the e Cent ot che va4u2 of anv thing such proceedings o com,r.lam", except 'that such ^ ' ip, vvro9led in filrfi Ci;^i^J... specifi: allv restcred or rC:urnec. n :a,r;., ^,;, tf Pr^& i-0C]PTl°ift in i'VLr Of The ,c^ r i li'-^i8 v( .7.`:t i tJ _y r.^^2 a. ,ar YG''` in lj'il5 S.,,t..`lOn. .'f5r w_C^ "t^l:. s., Sta.e ..yis ct r3 _`ar s'

f, fiGllvz

-/1 1!2010 6:02 Pt, t of 1 veww. ^aszrfj%rlCase`l;ew_aspx?scd-(>H&Ooc id=127328z lnd... :asemaker - Oi-! - Revi,eci Code - Searct. - 2csL'!

§ 2

0 hi0 2ta$-d;

T3$[g 23. C-^)ssR?`S - COMM!0N ?I.F-: $an+e DlCrON; ? ;W e A.

;IEwfi...`,Yn m J _:la;

Except as o°.he. n,ise provided by this ser`rlon or section 2305t3' ci'r:e Revised Oode, the court of comrnon in n srute exceeds the exclusive onainal pleas has origiea:tur ^iction in a I e,h il cases w}5'ch the surn or na ^r jurisdiction of county courts Qnn appellate j IGc;cY?on from .^e decisions << r;oe d s o- county cornmissieners. The To 9vJarQ pui?ItiVe couf$ of OOrrinlOn isiers shall nGi hnve ;uCfSCi r C7n, iY1 cnl.t $o1'#: eiCv. Grt'O ^,"1ri' Cf h° 01-^JL2ntS ap,t^+lf, or exe3Ttpi° V"^2i'sa q-. hct r','•cee(^ he ai"n itS set r 4.^ 38c" '^ ^,1 3^ tr W-' `'cVise d i OCie The CGilYt OF +C' E5' c' t ^.. ` ^O ft-; rj.s °er LW Gr!` nS Ct7 ar: Corrim^i: ^^^,cas i; Yie.f8 -i ']r. ^ur..^ e^as^ r_'„eS o- "`1 .ct.,. ^t: ^^'.c -2.7 is'- :.U`t.,.. ., .,i^' ^'dZ'T_ R 1^5 section d,S^i.S. ;^+ of the awar i` ..L. Revised Ccde. on its own 11]Gtion tzanS{s O`0t+ action in the court to any STlllniclpal rr1a`p The court of cC+t° rTIDn pleas ' j]vP'ieS to, the acfion if the court in the Oolnt`i h2vti g concurrent js-I`I-Sdk c-"+ i of °f1e S'ut1,2c+ ":S°t^ ^f^ a d tha anWlint sC;ughTb?: the YJI -i!'t:i`t` df1eS nC: ex .P d on'c' thousand ?!a 5 ar,d [Yn° .. -ge or presiding i-idge of the ntllnlc!pa) court CC)fE tr.s irl the p QDosed ttoi`sfei-. Upon cC° isSJp iC ."' an o'def o,' }-c,ncfer, tYle clerk ol couriS shall re;!"; ot,hc dc n7ceG t't.St4cit:ar coun s eC e cise fil , .i Ce ed ponb")of f t^ ecCri^'or' pleas rrYg" c-i, c- + ^':" .. to >e aoplieci r- rcCo?'da?lce deposit ( .r r UC , CUS 5heIl be r]I fi' t n with Ssc tk,. ^Q^_6 , .t':f; Re. c,^^i costs "•_°XPtt I`i piY.'. C : nor? ?.'+iP *inr tn ,, cticn ]rcl hf !au^s::ant tn 5ltr,si?n (i) of section 3733.11 t!e couri of ^oriv rpteas has jur Sd a 'caied wiQhin the terri[orlai of the tievised Code if the 'e5 dentl^cl premises :3a1 ere tiie Suq!ecf of Lhe eC:ib:^: are ^z' jurisdiction Of the cauI`t. rr.hiana, ^a!iia, f ;amilYon, 1-^..Cia?ns 'aell"onS: T he Co ^^_: ^S l'if Ce-nrriCX' 71e. ?5 ^•i 5e;^o d ' he nor h er Jefferson, r.awrnr;ce. ^a7 i s, ti,o: M. e^ hoLL7dar,' ^Irds of nort hv es*- GhO.'e... C,,:lo ra,s ,"_^., c. u ra s;-,i::diction on the an dC `csrl'' Gsl`t:r'G of' t}^.^;t any co^j(' of KSntlicK}/ or c4uj?t-Cl4 . Ct.tlli of G'Ji "1oi : ieca that Ohio i i'e with aY')1 K7j} C i. .: s 3 I..*J . UG'r untier uthe Ic3UV Lf of V+fest Vfgin;a that borders va the Jh o,: cr u: ^:f that hes ' Kentucky or the law cf trqest Virgi_,aa, whichever is applicaaie, or t?er te:i.;re! lS,v.

Hi5$msy.'cffec,anle Date: 07-08-100^-; C?-07:2005

ii 21120 i 0 6: u> ; semaker - OH - Revise-c. I cA?c - ^e zca - Rest`?

z t § ^v„^^.^^ 5 ^n" ^^e ^'safa ^% l r.^

Ohio stataates

1-Ws: 27. t;;^UqTS - GENERAL

§ +"..'`t'2 v.^'a.'^.. DL'?ei'.?#°.lYBs^ab rr°r^i all j impa!C^'d as 2 reSUl$ of a As used in tniS S'Ci^O+ ,^ ti3C01"'1^1P,i.8i?t 'J°rnJi'' rlCaris a person tldhc is °O o-, chrottic substance abuse, that the :i3iie e0:' Z`SabiilSf. or n'IE^la+ retardation or as .' Tsu1: mentai or phys+c-ai f:Js T21lS . 1 provide for the (JerSon'S . jnr catP t i t..' oe '8^nS -rrif or F++..pe- persoi is irzapaCsle C' okif10 P (12r2 U' 7y Sz to YWsC:. famlly or other ;^?rSo^ foi vVito`"' ihP PeMCr L. „ wc a r ; :sE N:st y or o:her r'ida_:c:ary; Any pers .:tv; w^ of th^n estate of Tit;6't. rn ^.k,.?a(ns^:StIJ a ta!Si, oP creditor, devise•e, :ecatee, Ivent „^rson, may P; iaration of rights or legal a deceder.t, an :ffant., ?n incon relations in rP.sp2c'.: thereto in afYy i2ev, r,Sir" neat 3f kin, others; (A) To .SSce="air. c.ny ci'r'esS of Cred.lto;-.

(;3) TG di"ec$ the executors, rdmlf trUs e^'^•s, o: Oi =' particr;;ar act ir: :`iclucizry cac;acity

(iv;`, 'EC '^d£1t2rrYi ^ny ^^251,^[i '3^5•iraC".C- <7t^,c,.^`i c,i -. ,4. -+ 'ncl'JLin(] ^i, s.^ . questions Ot construction of erllc and other +:Vr.ririgs. iistas,y. cifecYiva Oate: io-C)':-1553; 2007 ,j353 08-07-2007

5(?'7I2OtO 6:06 Plvl 1of1 APPENDIX II (EXI-IIBITS) PAGE

1. Affidavit of Relator Valentine Schurowliew ...... 1 2. Guardianship of Sofija Scliurowliew Case # 2007 GDN 131077 docket...... 7 3. Probate Case 2008 ADV 136931 docket ...... 21 4. Probate Case 2009 ADV 144867 docket ...... 36 5. Common Pleas Case CV 09 684581 docket ...... 49 6. True copy of Sofija SchurOwliew Income 'Trust ...... 62 7. True copy of Trust Asset Passbooks ...... 80 8. True copy of Income Account Passbook ...... 82 9. Application for Guardianship of Sofija Schurowliew ...... 88 10. Magistrate Charles Browri s Report in 2007 GDN 131077 ...... 92 11. Complaint in 2008 ADV 136931 (Probate) ...... 97 12. Temporary Restraining Order in 2008 ADV 136931 (Probate) ...... 101 13. Preliminary Injunction in 2008 ADV 136931 (Probate) ...... 105 14. Amended Complaint in 2008 ADV 13693 1 (Probate) ...... 113 15. Probate C:ourt orders for discovery in 2008 ADV 136931 ...... 128 16. Notice of Dismissal of Charter One Bank (Probate) ...... 138 17. Notice of Dismissal of Dollar Bank (Probate) ...... 140 18. Judge John Corrigan's Notice of Dismissal in 2008 ADV 136931 (Probate) ...... 142 19. Plaintiffs' Dismissal of Breach of Fiduciary Duty Count in 2008 ADV 136931 ...... 144 20. Second Amended Complaint in 2008 ADV 136931 (Probate) ...... 145 21. Probate Court Order of Dismissal of 2008 ADV 136931 ...... 152 22. Concealment Complaint in Probate Court 2009 ADV 144867 ...... 154

23. Amended Concealment Complaint in Probate Court 2009 ADV 144867 ...... 160 24. Tran.sfer of 2008 ADV 1^6931 Temporary Restraining Order to 2009 ADV 144867...... 167 25. Coinmon Pleas Complaint CV 09 684581 ...... 168 26. Common Pleas Amended': Cornplaint CV 09 684581 ...... 175 IN THE SUPREME COURT OF THE STATE OF 01110

VALENTINE SCHUROWLIEW CASE NO: 2010 -0712

Relator,

VS.

JUDGE LANCE MASON and RDLATOR'S AFFIDAVIT

JUDGE LAURA GALLAGHER, EXH. 1

Respondents.

Now comes Relator Defendant Valentine Schurowliew and being of the age of majority and duly swom and deposed, states for his Affidavit the following of which he has personal knowledge:

On 2/11/1990, decedent Sofija Schurowliew created the Sofija Schurowliew Income Trust, an irrevocable Cn•antor Trust which named her three children Valentine Schurowliew (Relator), and Vera and Alex Schurowliew (Plaintiffs in Cuyahoga Probate Cases 2008 ADV 136931, 2009 ADV 144867, and Cuyahoga Common Pleas Case CV 09 684581) as co-trustees. The Trustprovided that all Income earned by Trust Assets was to be personal income to Sofija Schurowliew, wliile the Trust was to terniinate and its assets were to be divided into 3 equal shares upon Solija Schurowliew's passing. (Exh. 6, p. 63). 'the Income from the Trust assets was to pass into a Dollar Bank, FSB, passbook ("Income Account") originally in the sole name of Sofija Schurowliew. (Exh. 8, p. 82). The Trust was funded on 3/16/1990 with 2 Dollar Bank Certificates of Deposit totaling $112,000 in the names of the 3 co-Trustees. (Exh. 7, p.80). On January 25, 1993, Valentine Schurowliew was added as joint owner of the Income Account with rights of survivorship by Sofija Schurowliew. (Exh. 8, p. 82) The Trust assets were never witlxdrawn during Sofija Schurowliew's lifetime. Sofija Schurowliew passed away on 5/30/2008 at the age of 88.

1 As time passed, Sofija Schurowliew proceeded to add Valentine Schurowliew to her various other assets as either payable upon death beneficiary or joint owner with rights of survivorship. In some cases Valentine Schorowliew was named sole owner. The assets in question were Sofija Schurowliew's Certiticates of Deposit at Charter One Bank, a Legacy Treasury Direct Account (Treasury Bills), and the personal residence of Sofija Schurowliew at 4323 Leading Ave. Cleveland, Ohio 44109. In addition, Valentine Schurowliew was made beneficiary payable upon death of Sofija Schurowliew's Thrift Plan at the Federal Reserve Bank of Cleveland and her Individual Retirement Account at Dollar Bank. He was also joint owner with rights of survivorship of her nioney niarket account at Charter One Bank since 1989. The Legacy 'I'reasuiy Direct Assets were never touched, the residence was never sold or mortgaged, and the Individual Retirement Account and the Thrift Plan were never disturbed. 1'he Charter One Bank Certificates of Deposit remained intact with the exception of two: one to pay for Sofija Schurowliew's funeral and the other to cover Sofija Schurowliew's legal bills in the Guardianship Suit in 2008. All of the assets in controversy in both Probate Cases and the Common Pleas General Division caseinvolve the above listed pre-death transfers by Sofija Schurowliew to Defendant Relator since 1989.

In 2005, Sofija Schurowliew executed a Power of Attorney for Health Care naming her son Valentine Schurowliew (Relator) as attorney in fact. On May 4, 2007, Sofija Schurowliew executed a 6nancial power or attorney naming her son Valentine Schurowliew as attomey in fact for financial purposes.

On November 13, 2007, Plaintiff Vera Sc}mrowliew filed Guardianship Proceedings in Cuyahoga County Probate case 2007 GDN 131077 alleging that her mother was mentally incompetent and unable to manage her own affairs. (Exh. 9, p. 88). Sofija Schurowliew passed away before the Guardianship Suit was concluded. Sofij a Schurowliew was found to be competent by Dr. Raymond Scheetz and Dr. Theodore Suh of the Cleveiand Clinic Foundation and Probate Investigator Ralph Zarnick. Magistrate Charles Brown (now Chief Magistrate) of the Cuyahoga Probate Court recommended dismissal of the (iuardianship Action on the basis that Solija 2 Schurowliew was not incompetent and was able to manage her own affairs. (Exh. 10, p. 92).

A. Cuyahoga Probate Court case 2008 ADV 136931

On May 23, 2008, Plaintiffs Vera and Alex Schurowliew filed a Cornplaintfor Trust Accounting and Other Equitable Relief against Defendants Valentine Schurowliew (Relator), Charter One Bank, FSB, and Dollar Bank. (Exh. 11, p. 97). The Complaint for Trust Accounting and Other Equitable Relief concerned the Sofija Sohurowliew Income Trust. The Complaint for Tnist Accounting was fled in the Cuyahoga Probate Court as case # 2008 ADV 136931. (Exh. 3, p. 21: Docket). 'I'he Probate Court granted Plaintiffs a Temporary Restraining Order with respect to all of the assets of the Sofija Schurowliew Income Trust, all of the Accounts at Charter One Baiilk and Dollar Bank (including Sofija Schurowliew's Individual Retirement Account), and the residence at 4323 Leading Ave. Cleveland, Ohio, on-June 12, 2009. (Exh. 12, p. 101; Exh. 3, p, 22: Docket). '1'he Probate Court also granted the Plaintiffs a Prelimiuary Injunction on June 25, 2008, with respect to the same assets. (Exh: 13, p. 105; Exh 3, p.22: ,Docket):

On Augrtst 13, 2008, Plaintiffs filed an Amended Complaint in the Cuyahoga County Probate Court under case # 2008 ADV 136931 for a Trust Accounting, Removal of Fiduciary, Concealment and Embezzlement, Fraud, Conversion, Breach of Fidueiary Duty, Negligence, and Tortious Interference with Rights of Inheritance. (Exli.14, p.113). 'fhe Amended Complaint concenled both the Sofija Schurowliew Income Trust of the original Complaint for Trust Accounting and the Estate of Sofija Schurowliew. All of the assets in controversy in 2008 ADV 136931 involved the above listed pre-death transfers by Sofija Schurowliew to Defendant Relator starting in 1989.

On 11 /5/2008 and 11/20/2008, Plaintiffs were given discovery orders and were granted a

Motioii to Compel Discovery. (Exh. 15, pp. 130, 131). On 12/29/2008, Plaintiffs filed notice of dismissal of Defendant Charter One and on 1/5/2009, Plaintiffs filed notice of dismissal of

Defendant Dollar Bank. (Exh. 16,17, pp. 138, 140). On 1/26/2009, the Probate Court dismissed the C:onversion, Fraud, Tortious Interference with Rights of Inheritance, and Negligence Counts of the Aniended Complaint, for lack of subject i-riatterjurisdiction. It also dismissed the Concealment and 3 Embezzlement of Assets claim as not being properly before the Court pursuant to ORC 2109.50. (Exh. 18, p. 142). On 3/13/2009, Plaintiffs dismissed the Breach of Fiduciary Duty count of the Amended Complaint. (Exh. 19, p.144). Plaintiffs filed a Second Amended Complaint on 3/24/2009 to include the newly appointed Administrator of the Estate of Sofija Schurowliew. (Exh. 20, p.145). On 4/10/2009, Case 2008 ADV 136931 was dismissed by Court Order and the Action was allowed to proceed under the previously filed case 2009 ADV 144867. (Exh. 21, p. 152). When 2008 ADV 136931 was dismissed it only contained an Action for Accounting and a Request for removal of tiduciary.

B. Cuyahoga Probate Court case 2009 ADV 144867:

On 2/26/2009, the Plaintiffs filed a Complaint for Concealment of Assets in the Probate Court, pursuant to the Probate Court's instructions on 1/26/2009 that the Concealment Complaint cornply with ORC2109.50. ThisConcealmentComplaint was fiied under case # 2009 ADV 144867. (Exh. 22, p. 154;Exh. 4, p. 36: Docket). The Concealment Complaint was aanended on 3/24/2009 to include the newly appointed Administrator of the Estate of Soffja Schnrowliew: (Exh. 23, p.160; Exh. 4, p. 36). The ttew Concealment Complaint concerned the Estate of Sofija Schtu'owliew and the Sofija Schurowliew Income Trust. In the Amended Complaint for Concealment of Assets, Plaintiffs requested, in addition to the 10% penalty called for in ORC 2109.50, attorney fees, costs, and other just and equitable relief. Again, all assets in controversy involved all the same pre-death transfers listed above in this Affidavit by Sofija Schurowliew

starting in 1989.

On April 10, 2009, the same day the Plaintiffs filed their notice of dismissal of Probate Case 2008 ADV 136931, the Probate Court granted the Plaintiffs' oral Motion to transfer the

Temporary Restraining Order and the Preliminary Injunction with respect to the Trust Assets, tha residence, the Individual Retirement Account, and all of the bank accounts at Charter Otie Bank and Dollar Bank, to Probate Case 2009 ADV 144867 (the Concealment Case). (Exh. 25, p. 167). Thus, there was no break in Probate's control over the assets of Sofija

Schurowliew at any time after June of 2008. 4 C. Cuyahoga Common Plcas Court case CV 09 684581:

On 2/11/2009, the Plaintiffs filed a Complaint in Cuyahoga Court of Common Pleas under case # CV 09 684581. (Exh. 25, p. 168; Exh. 5, p. 49: Docket). The Complaint in Coinmon Pleas concerned the same Sofija Schurowliew Income Trust (which had terminated on 5/30/08) and the Estate of Sofija Schurowliew. The Complaint included the Counts of Negligence/Breach of Fiduciary Duty, Fraud, Conversion, Interference with Expectancy of Iiilieritance, and Unjust

Fnrichment, and asked that:

1. A permanent injunetion be issued, enjoining Defendant from taking any actions related to or affecting the Solija Schurowliew Income Trust without the unanimous consent

of the Plaintiffs; 2. A permanent injunction be issued, enjoining Defendant froni taking any actions to or affecting the property, funds, assets, things, and or moneys either related to this action, owned by Sofija Schurowliew, the Sofija Schurowliew Income Tnist, and/or which

Plaintiffs own/owned, or had/have and interest; 3. the Court award Plaintiffs sole title and ownership to all real and personal property which Defendant improperly obtained, withdrew, concealed, embezzled, conveyed away, impermissibly possessed, disposed, aiid/ or made personal use of (or in the alteniative order that said property be provided, returned, or restored to Sofija's Estate). 4. the Court award Plaintiffs compensatory aiid punitive damages, in excess of $250,000, to

be paid by Defendant; 5. the Court award Plaintiffs attorney fees and costs; 6. the Court remove Defendant as Trustee and fiduciary; 7. the Court grant other relief as just and necessary. (Exh. 25, p. 173).

The Complaint was amended to include the Administrator of the Estate as a Defendant.

Again, all assets in controversy involved all the same pre-death transfers by Sofija Scliurowliew

since 1989 listed above in this Affidavit. (Exh. 26, p. 175; Exh. 5, p. 50). 5 On 2/24/09 Defendant Valentine Schurowliew (Relator) filed an Answer and a Counterclaim for Defamation, Malicious Prosecution, Intentional Infliction of Emotional Distress, and Abuse of Process against Plaintiffs in CV 09 684581, asking for attorney fees and monetary damages for the above causes of action as they related to the multiple lawsuits filed by Plaintiffs. On 4/2/2009, Defendant (Relator) filed. a Notice of Partial Dismissal of his Counterclaim (Malicious Prosecution count). On 4/6/2009, Plaintiffs filed an Amended Complaint including the Estate Administrator as Defendant. On 4/9/2010, the Court of Common Pleas dismissed Defendant (Relator's) Counterclaiinfor Abuse of Process, Defanlation; and IntentionalInfliction of

Emotional Distress with prejudice (but not without delay).

FURTIJER AFFIANT SAYETH NAUGH'I'

VALENTINE SCHUROWLIEW, RELATOR

Sworn and Subscribe^i before me and in itfy preSence by Relator Valentine Schurowliew

in Cuyahoga County on ^, 20^0. 1 P4 - : .,

6 tTR5925 Summary

Judge tse Number Status

Closed Probate, Judge )07 GDN 0137.077

Action i The Matter Of

GDN Person & ^husowliew, Sofija Guardian: Estate arty Attorneys r.hurowliew, Sofija WARD Hickey, John W

churocaliew, Vera APPL Widder, John

ickey, John W CNSLR Hickey, John W

pened Disposed Case Type Closed Guardianship 1/13/2007 omments:

Amount Owed/ Balance Due o. Date of Pleadings Filed, Orders and Decrees Journal. Boo]c-Paqe-Nbr Ref Nbr Amount Dismissed

41.00 0.00 11/13/07 Application for Appt, of Gdn. of Alleged Incompetent. Receipt: 784128 Date: 11/13/2007

11/13/07 Deposit received on case. Receipt: 784128 '70.00 0.00 Date: 11/13/2007

11/13/07 Motion to Designate Process Server, Filed. 5.00 0.00 Heard and Granted. OSJ.ADS/war Receipt: 837857 Date: 07/25/2008 -17,431954

11/13/07 Hearing Set: 0.00 0.00 Event: Appointment of Guardian Hearing Date: 12/20/2007 Time: 9:00 am Judge: Guardianship, Magistrate S,ocation: Room 257

Result: Hearing transferred to anotier Magistrate

11/28/07 Application for Temporary restrainin9 5.00 0.00 order filed. Receipt: 83'7857 Date: 07/25/2008

5 11/28/07 Hearing Set: 0.00 0.00 Event: Temp. Restraining Order Hrg. Date: 12/04/2007 Time: 9;30 am Judge: Brown, Charles T Location: Room 254

Result: Overruled

0.00 0.00 7 11/30/07 Affidavit of Service Filed.

%of 61 Summary RTR5925

007 GDN 07.31077 Schurowliew, SoPija Guardian:

Amount Owed/ Balance Due fo. Date of Pleadings Filed, Orders and Decrees Journal Book-Page-Nbr Ref Nbr Amount Dismissed

5.00 0.00 12/03/07 Supplemental Motion for Dismissal of Request for Restraining Filed. Receipt: 837857 Date: 07/25/2008

5.00 0.00 7.2/03/07 Motion to Dismiss Application for Temporary Restraining Order Piled. Receipt: 837857 Date: 07/25/2008

5.00 0.00 I.0 12/03/07 Motion to Dismiss Application for Guardiariship for Lack of Jurisdiction Filed. Receipt: 837857 Date: 07/25/2008

0.00 0.00 il 12/03/07 Hearing Set: Event: Supplemental Motion for Dismissal of Request for. Restraining Date: 12/D4/2007 Time: 9:30 am Judge: Brown, Charles T Locatio Room 254

Result: Heard & Granted

0.00 0.00 12 12/03/07 Hearing Set: Event: Motion To Dismiss Applicat on £or Temporary Restraining Order Date: 12/04/2007 Time: 9:30 am Judge: Brown, Charles T Location Room 254

Result: Heard & Grantod

0.00 0.00 13 12/03/07 Hearing Set: Event: Motion To Dismiss ApplicaLion for Guardianship for Lack of Jurisdiction Date: 12/04/2007 Time: 9:30 am Judg_e: Brown, Charles T Location: Room 254

Result: Continued

0.00 0.00 14 12/04/07 MoLion for Temporary Restraining Order Overruled. OSJ. CTB/bw The following event: Temp. Restraining order Hrg. scheduled for 12/04/2007 at 9:30 am has been resulted as follows:

Result: Overruled Judge: Brown, Charles T Location: Room 254 -"3671956 0.00 0.00 15 12/04/07 Motion to Dismiss Application for Temporary Restraining Order Heard & Granted_ OSJ. CTB/bw The following event: Motion To Dismiss scheduled for 12/04/200'7 at 9:30 am has been resulted as follows:

Result: Heard & Granted Judge: Brown, Charles T Location: Room 254 -3681956 `RTR5925 Summary

?007 GDN 0131077 Schurowliew, Sofija Guardian:

9o.Date of Pleadings Filed, Orders and Decrees Amount Owod/ Balance Due Journal BookPage-Nbr Ref Nbr Amount Dismissed

16 12/04/07 Motion to Dismiss Application for 0.00 0.00 Guardianship Continued. The following event: Motion To Dismiss scheduled for 12/04/2007 at 9:30 am has been resulted as follows:

Result: continued Judge: Brown, Charles T Location: Room 254

17 12/04/07 Hearing Set: 0.00 0.00 Event: Motion To Dismiss Application for Guardianship Date: 12/20/2007 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

ResulL: Continued

].8 12/04/07 Hearing Set: 0.00 0.00 Event: Appointment of Cuardian Hearing Date: 12/20/2007 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Continued

19 12/04/07 Supplemental Motion to Dismiss Application 0.00 0.00 for Temporary Restraining Order Heard & Grant.ed. OSJ. CTB/bvi The following event: Motion To Dismiss scheduled for 12/04/2007 at 9:30 am has been resulted as follows:

Result: Heard & Cranted Judge: Brown, Charles T Location: Room 254 -369-1956

20 12/05/07 Return on Subpoena Pers Service by Special 0.00 0.00 Process Server, on Dollar Rank & Dr. Raymond Sheetz, filed.

21 12/10/07 Motion for Protective Order and Motion to 5_00 0.00 quash Subpoena Filed. Receipt: 831857 Date: 07/25/200B

22 12/10/07 Hearing Set: 0.00 0.00 Event: Protective Order and Motion to Quash Subpoena Date: 12/20/2007 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Continued

23 12/18/07 Motion For Continuance Fi.led_ Receipt: 5.00 0.00 837857 Date: 07/25/2008 'RTR5925 Summary

!007 GDN 0131077 Schuxowliew, Sofija Guardian:

Balance Due Po. Date of Pleadings Filed, Grders and Decrees Amount Owed/ Journal Book-page-Nbr Ref Nbr Amount Dismissed

0.00 0.00 ?4 12/18/07 Hearirig Set: Event: General I-Ieari.ng Date: 12/20/2007 Tinte: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Heard & Granted

0.00 25 12/18/07 Bric in Opposition to Motion for 0.00 Protection Order and Motion to Quash Subpoena Piled.

0.00 26 12/20/07 Motion to Dismiss Application for 5.00 Guardianship Filed by Attorney John W. Hickey. Receipt: 837857 Date: 07/25/2008

0.00 27 12/20/07 Application for Appointment of Guardian 0.00 Cont.inued. The following event: Appointinent of Guardian Hearing scheduled for 12/20/2007 at 9:00 am has been resulted as follows:

Result: ConLinued Judge: Bromrn, Charles T Location: Room 254

28 12/20/07 Motion Co Dismiss Application for 0.00 0.00 Guardianship for Lack of Jurisdiction Continued. The following event: Motion To Dismiss scheduled for 12/20/2007 at 9:00 am has been resulted as follows:

Result: Continued Judge: Brown, Charles T Location: Room 254

29 12/20/07 Motion for Protective Order Continued. 0.00 0.00 The following event: Protective Order scheduled for 12/20/2007 at 9:00 am has been resulted as follows:

Result: Continued Judge: Brown, Charles T Location: Room 254

30 12/20/07 Motin for Continuance Heard & Granted. 0.00 0.00 OSJ. CTB/bw The following event: General Hearing scheduled for 12/20/2007 at 9:00 am has been resulted as follows:

Result: Heard & Granted Judge: Brown, Charles T Location: Room 254 -5771957

1 Summary LR5925

07 GDN 0131077 Schurowlievr, Sofija Guardian:

Amount Owed/ Balance Due Pleadings Filed, Orders and Decrees Date of Amount Dismissed Journal Book-Page-Nbr Ref Nbr.

0.00 0.00 12/20/07 Hearing Set: Event: Appointment of Guardian Hearing Date: 01/22/2008 Time: 2:00 pm Judge: Browri, Charles T Location: Room 254

Result: Continued

0.00 0.00 12/20/07 Hearing Set: Bvent: Motion To Dismiss Application for Guardianship for Lack of jurisdiction Date: 01/22/2008 Time: 2:00 pm Judge: Brown, Charles TLocation: Room 254

Result: Continued

0.00 0.00 3 12/20/07 Hearing Set: Event: Prot.ective Order Date: 01/22/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room 254

Result: Continued

0.00 0.00 I4 12/20/07 Hearing set: Event: Motion To Dismiss Application for Guardianship Date: 01/22/2008 Time: 2:00 pm Judge: Browri, Charles T Location: Room 254

Result: Conti.nucd

0.00 0.00 35 01/22/08 The following event: Protective order scheduled for 01/22/2008 at 2:00 pm has been resulted as follows: Result: Continued Judge: Brown, Charles T Location: Room 254

0.00 0.00 36 01/22/08 Hearing Set: Event: Protectivo Order Date: 03/06/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Rooni 254

Result: Continued

0.00 0.00 37 01/22/08 The following event: Motion To Dismiss scheduled for 01/22/2008 at 2:00 pm has been resulted as follows: Result: Continued Judge: Brown, Charles T Location: Room 254 li _e: 05/uS Lulu -+ • - Summary PR597.5

07 GDN 0131077 Schurowliew, So ja Guardian:

...- .^-.. - -__.-...-_- .-...-..-._- _-..-..__..-.. Balance Due Orders and Decrees Amount Owed/ . Date of Pleadings Filed, Amount Dismissed Journal Book-Page-Nbr. Ref Nbr _ ._. _ . _.,_.. _ . _ _ 0.00 0.00 01/22/08 Hearing Set: Event: Motion To Dismiss Date: 03/06/2008 Time: 2:00 Pm Judge: Brown, Charles T Location; Room 254

Result: Continued

0.00 0.00 f 01/22/08 The following event: Appointment o 9 Guardian Hearing scheduled for 01/22/2008 at 2:00 pm has been resulted as follows:

Result: continued ... Judge: Brown, CharlesT Locationc Room . 254

0.00 0.00 60 01/22/08 Hearing Set; Event: Appointment of Guardian Hearing Date: 03/06/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room 254

Result: continued

0.00 O.OD event: 41 01/22/08 sThe cheduled4afogr 01/22/20081at 2o001pmrhas . been rosulted as follows: Result: Continued Judge: Brown, Charles T Location: Room 254

0.00 0.00 42 01/22/08 Iiearing Set: Event: Motion To Dismiss Date: 03/06/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room 254

Result: Continued

5.00 0.00 43 01/22/08 Motion for civil Rule 35(A) Psyhological Examination Fi-led. Receipt: 837857 Date: 07/25/2008

0.00 0.00 44 01/22/OS Hearing Set: Event: Motion for Civil Rule 35(A) Psychologir_al Exami.nati.on Date: 03/06/2008 Time: 2:00 pm Judge: Browri, Charles T Location: Room 254

Result: Conti.nued

0,00 0.00 45 01/22/08 Supplemental Brief Sn Support of ApplicanL's Motion for Rule 35 Psychological Exam and Motion for continuance Pi10d. RTR5925 Summary

007 GDN 0131077 Schurowliew, Sofija Guardian:

Io. Date of Pleadi.ngs Filed, Orders and Decrees Amount Owed/ Balance Due Journal Book-Page-Nbr Ref Nbr Amount Dismissed

!6 02/05/08 Response to Motion for Physical. 0.00 0.00 Examination of Sofija Schurowliew Filed by John Hickey.

02/07/08 Motion to 8trike Filed. Receipt: 837857 5.00 0.00 Date: 07/25/2008

0.00 0.00 18 02/07/08 Hearing Set: Event: Motion to Strike Date; 03/06/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room 254 . . . .

Result: Continued

49 02/26/08 Motion to Continue Filed. Receipt: 863309 5.00 0.00 Date: 11/26/2008

50 02/26/08 Motion to Continue Heard & Granted. OSJ. 0.00 0.00 CTB/bw -6261961

51 02/27/08 Application for Appointment of Guardian 0.00 0.00 Advanced and Continued, The following event: Appointment of Guardian Hearing scheduled for 03/06/2008 at 2:00 pm has been resulted as follows:

Result: Continued Judge: Brown, Charles T Location; Room 254

52 02/27/08 Motion for Psychological Examination 0.00 0.00 Advanced and Continued. The following event: General Hearing scheduled for 03/06/2008 at 2:00 pm has been resulted as £ollows:

RC'SU.Lt: Continued Judge: Brown, Charles T Location: Room 254

53 02/27/08 Motion for Protective order Advanced and 0.00 0.00 Continued. The follawing event: Protective Order scheduled for 03/06/2008 at 2:00 pm has been resulted as follows:

Result: Continued Judge: Brown, Charles T Location: oom 254

1 3 111 .,.. ce: 1.1 U., 1..1

TR5925 Summary

07 GDN 0131077 Schurowliew, Sofija Guardian:

Amount owed/ Balance Due Date ofPleadings Filed, Ordersand Decrees Amount Dismissed Journal Book-Page-Nbr Ref Nbr

0.00 0.00 02/2'7/08 Motion to Strike Advanced and Conti-nued. The following event: Motion to Strike scheduled for 03/06/2008 at 2:00 pm has been resulted as follows:

Result: Continued Judge: Brown, Charles T Location: Room 254

0.00 0.00 02/27/08 19otioil to Dismiss Application £or Guardianship Advanced and Continuod. The following event: Motion To Dismiss scheduledfor03/06/2008 at 2:00 pm has been resulted as follows:

Result: Continued Judge: Brown, Charles T Location: Room 254

0.00 0.00 6 02/27/08 Motion to Dismiss Application for Guardianship for Lack of Jurisdiction Advanced and Continued. The follovring event: Motion To Dismiss scheduled for 03/06/2008 at 2:00 pm has been resultcd as follows:

Result: Conti_nued Judge: Brown, Charles T Location: Room 254

0.00 0.00 i7 02/27/08 Hearing Set: Event: Appoint.ment of Guardian Hearing Date: 04/01/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room 254

ResulL: C'ontinued

58 02/27/08 Hearing Set: Event: General Hearing - Moti_on for psychological L^'xaniixiat.iori Date: 04/01/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room 254

Result: Conti.nued

59 02/27/08 Hearing Set: Evont: Protective Order Date: 04/01/2008 Time: 2;00 pm .7udge: Brown, Charles T LocaCion: Room 254

Result: Continued

14 iLe: v: w i. -

Summary 3TR5925

)07 GDN 0131077 Schurowliew, Sofija Guardian:

Amount owed/ Balance Due Date of Pleadings Filed, Orders and Decrees o. Amount Dismissed Journal Book-Page-Nbr Ref Nbr

0 02/27/08 Hearing Set: Event: Motion to Strike Date: 04/01/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room 254

Result: Coritinued

>1 02/27/08 Hearing Set: Event: Motion To Dismiss Applicati.on for Guardianship Date: 04/D1/2008 Time: 2:00 pm Judge: Brown, Charles T Location; Room 254

Result: Continued

62 02/27/08 Hearing Set: Event: Moti.on To Dismiss Application for Guardianship for Lack of Jurisdiction Date: 04/01/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room 254

Result: Continued

63 02/29/08 Second Supplemental Brief in Support of 0 00 0.00 Applicant's Motiori for Psychological Exam Brief Filed by AtLorney Steven H. Slive.

0.00 0.00 64 02/29/08 The following event: Protective Order scheduled for 04/01/2008 at 2:00 pm has been resulted as follows: Result: Continued Judge: Brown, Charles T Location: Room 254

0.00 0.00 65 02/29/08 Hearing Set: Event: Protective Order Date: 04/08/2008 Tiine: 2:00 pm Judge: I3rown, Charles T Location: Room 254

Result: Heard & Submitted

Result: Dismissed

0.00 0-00 66 02/29/0II The following event: General Hearing scheduled for 04/01/2008 at 2:00 pm has been resulted as follows: ResulC: Continued Judge: Brown, Char].es T Location: Room 254

I TR5925 Summary

07 GDN 0131077 Schurowliew, Sofija Guardian:

Date of Pleadings Filed, Orders and DecreesAmountOwed/ Balance Due Journal Book-Page-Nbr Ref Nbr P.inount Dismissed

0.00 0.00 02/29/08 Heari.ng Set: Event: General Hearing Date: 04/08/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room 254

Result: Heard & Submitted

Result: Dismissed

0,00 0.00 8 02/29/08 The following event: Motion To Dismiss scheduled for 04/01/2008 aC 2:00 pm has been resulted as£ollows: Result: Continued Judge: Brown, Charles T Location: Room 254

0.00 0.00 02/29/08 Hearing Set: Event: Motion To Dismiss Date: 04/08/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room 254

Result: Heard & Submitted

Result: Dismissed

0.00 0.00 70 02/29/08 The following event: Appointment of Guardian Hearing scheduled for 04/01/2008 at 2:00 pm has been resulted as follows: Result: Continued Judge: Brown, Charles T Location: Room 254

0.00 0.00 71 02/29/08 Hearing Set: Event: 1lppoint.ment of Guardian Hearing Date: 04/08/2008 Time: 2:00 pm Judge: Brown, Charles T Locatioiv Room 254

Result: Heard & Submittefl

Result: Dismissed

72 02/29/08 The following event: Motiori To Dismiss 0.00 0.00 scheduled for 04/01/2008 at 2:00 pm has been resulted as follows: Result: Continued Judge: Brown, Charles 'P Location: Room 254

0.00 0.00 73 02/29/08 iteaxing Set: E:vent: Motion To Dismiss Date: 04/08/2008 Time: 2:00 Pill Judge: Brown, Charles T Location: Room 254

Result: Heard & Submitted

Re5U1t: DiSmisSed te: uo uD e^iv .^ -

2TR5925 Summary l07 GDN 0131077 Schurowli.ew, Sofija Guardian:

PleadingsFiled, Orders and Decrees Amount Owed/ Balance Due D. Date of Journal Book-Page-Nbr Ref Nbr Amount Dismissed

0.00 0.00 4 02/29/08 The following event: Motion to Strike scheduled for 04/01/2008 at 2:00 pin has been resulted as follows: Result: Continued Judge: Brown, Charles T Location: Room 254

0.00 0.00 5 02/29/08 Hearing Set: Event: Motion to Strike Date: 04(OS/2008 Time: 2:00 pm Judge: Brown, Charles 'P Location: Room 254

Result: Heard & Subntitted

Result: Dismissed

5.00 0.00 76 03/26/08 Motion to Discard and Quash the Alleged Transcript of Testimony, etc., Filed. Receipt: 863309 Date: 11/26/2008

5.00 0.00 77 03/26/08 Renewed Motion to DiSmiss, etc., Fi1ed. Receipt: 863309 Date: 11/26/2008

0.00 0.00 78 03/26/08 Response to Applicant's Second Supplemental Motion for Psychological Examination Filed by Attorney John W. Hickey.

0.00 0.00 '79 03/26/08 Hearing Set: Rvent: Renewed Motion To Dismiss, etc. Date: 04/08/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room 254

Result: Heard & Submitted

Result: Dismissed

0.00 0.00 80 03/26/08 I3earing Set: Event: General Hearing - Motion to Di.scard and Quash the Alleged Transcri.pt of Testimony, etc. Date: 04/08/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room 254

Result: Heard & Submitted

ResulC: Dismissed

81 04/07/08 Supplemental Motion for continuand of 5.00 0.00 April 8,2008 Hearing Filed. Receipt: 863309 Date: 11/26/2008 t ? -e; 05/US/zU^u i^^^ ^ Summary PR5925

07 GDN 0137.077 Schurowliew, Sofija Guardian;

Amount owed/ Balance Due Date of P].eadingsFiled, Orders and Decrees Amount Dismissed Journal Book Page-Nbr Ref Nbr

0.00 0.00 04/07/08 Hearing Set: Event: General Hearing Date: 04/08/2008 Time: 2:00 pm Judge: Brown, Charles T Location: Room

254

Result: Heard & Submitted

Result: Dismissed

00 00 04/08/08 The following event: Motion to 8t.rike scheduled for 04/08/2008 at 2:00 pm has been resulted as follows: Result: Heard & Submitted /CTB/ylw Judge: Brown, Charles T Location: Room

254

0.00 0.00 34 04/08/08 The following event: General Hearing scheduled for 04/08/2008 at 2:00 pm has been resnlted as follows: Result: Heard & Submitted CTB/ylw Judge: Brown, Charles T Location: Room

254

0.00 0.00 event: 85 has 04/08/08 Thheduledwfogr 04/08/2008 r at ?^00 ^ pmr been resulted as follows: Result: Heard & submitted Judge: Brown, Charles T Location: Room 254

0.00 0 .00 i ng 86 04/OS/08 The following event: General Hear scheduled for 04/08/2008 at 2:00 pm has been resulted as fol.lows: Result: Heard & Submitted Judge: Brown, Charles T Location: Room 254

0.00 0.00 87 04/08/08 sTh, evelit: cheduled ^^fogr 0 4/08/2008eat12^100r pm ghas been resulted as follows: Result: Heard & Submitted Judge: Brown, Charles T Location: Room 254

0.00 0.00 event: Motion To Dismiss 88 04/08/08 The following 04/08/2008 at 2:00 pm has scheduled for been resulted as follows: Result; Heard & Submitted Charles T Location: Room Judge: Brown, 254

0.00 0.00 event: Motion To Dismiss 89 04/08/08 The following 04/08/2008 at 2:00 pm has scheduled for been resulted as follows: Result: Heard & Submitted Charles T Location: Room Judge: Brown, 254 3te: U^/U7/zuiu i^.< •^

2TR5925 Summary

007 GDN 0131077 Schurowliew, Sofija Guardian:

Date of Pleadi.ngs Filed, Orders and Decrees Amount Owed/ Balance Due o. Journal Book-Page-Nbr Ref Nbr Amount Dismissed

0.00 0.00 0 04/08/08 The following event: Appointment of Guardian Hearing scheduled for 04/08/2008 at 2:00 pm has been resulted as follows: Result: Heard & Submi.tted Judge: Brown, Charles T Location: Room 254

0.00 0.00 11 04/08/08 The fol7.owing event: Protective Order scheduled for 04/08/2008 at 2:00 pm has been resulted as follows: Result: Heard & Submitted Judge: Brown, Charles T Location: Room 254

0.00 0.00 92 04/16/08 Notice of Appearance and Substitution of C:ounse7 £iled. Attorneys Mark W. Biggorman, John M. Widder and Peggy Murphy Widder enter their appearance as counsel for Vera Schurowliew, substituting for Steven N. Slive.

0.00 0.00 93 04/17/08 Magistrate's Decision filed.CTB/ylw

0.00 0.00 94 04/18/08 Notice of Withdrawal Steven H. S Slive as counsel Filed.

5.00 0.00 95 05/O1/08 Motion to for Continuance to File Objections Filed by Widdor & Widder and Mark Biggerman. Receipt: 863309 Date: 11/26/2008

0.00 0.00 96 05/01/08 Motion for Contiuance to File Objections IIear.d & Granted. OSJ.CTB/yl.w (until May 15, 2008) -523-1966 20.00 0.00 97 05/14/08 Ohjections Filed by Peggy MurphY Widder. Receipt: 837857 Date: 07/25/2008

0.00 0.00 98 05/14/08 Hearing Set: event: Objections Date: 06/19/2008 Time: 10:00 am Judge: Corrigan, John L Location: Courtroom 2

Result: Dismissed

99 05/20/08 Applicant's Emergency Motion for 5.00 0.00 Court-Ordered Psych Evaluation and Court-Orderd Interpreter filed by Pe

)07 GDN 0131077 Schurowliew, Sofija Guardian:

Amount Owed/ Balance Due Date of Pleadings Filed, Orders and Decrees Amount Dismissed Journal Book-Page-Nbr Ref Nbr

0.00 0.00 00 05/20/08 IIearing Set: Event: Motion for. Psych Evaluation Date: 06/19/2008 Time: 10:00 am Judge: Corrigan, John E Location: Courtroom 2

Result: Dismissed

0.00 0.00 06/04/0II Response to Applicants Objections filed by .01 John W. Hickey.

0.00 0.00 L02 06/04/08 Suggestion of Death of Sofija Schurowliew filed by John W. Hickey.

0.00 0.00 103 06/05/08 Dismi.ssed as Moot. OSJ. The following event: General Hearing - Motion for Court-Ordered Psych Evaluation scheduled for 06/19/2008 at 10:00 am has been resulted as follows:

Result: Dismissed Judge: Corrigan, John E Location: Courtroom 2 -75-1969 0.00 0.00 104 06/05/08 Dismissed as Moot. OSJ. The following event: Objections scheduled for 06/19/2008 at 10:00 am has been resulted as follows:

Result: Dismissed Judge: Corrigan, John E Location: Courtroom 2 7 6- 1969 0.00 0.00 ication for Appointment of. Guardian of 105 06/05/08 Appl ged Incompetent - Di.smissed as Moot. A:Lle O SJ. -"77- 1969 0.00 0.00 on to Dismiss Application tor 106 06/05/08 M oti Guar dianshi_p for Lack of Jurisdiction D ismissed as Moot. OSJ. - 78 -1969 0.00 0.00 ion for Protective Ordor and Motion to 107 06/05/08 M ot Q ua sh Subpoena - Dismissed as Moot. OSJ. 79 -1969 0.00 0.00 i.on to Dismiss Application for 108 06/05/08 M ot Gua rdianship - Dismissed as Moot. OSJ. - 80 -1969 0.00 0.00 ion f-or Civil Rule 35(A) Ysychological 109 06/05/08 M ot F.xami-nation - Dismissed as Moot. OSJ. - 81 -1969 0 . 00 0.00 ion to Strike - Dismissed as Moot. OSJ. 110 06/05/OS M ot 82-1969 ce: 05/U5/zw Summary PR.5925

07 GDN 0131077 Schurowliew, So ja Guardian:

Amount Owed/ Balance Due P]eadings Filed, Orders and Decrees Date of Ainount Dismissed Journal Book-Page-Nbr Ref Nbr

0 .00 0 .00 06/05/08 Motion to Discard & Quash the Alleged 1 fij a Transcript of Testimony of Mrs. So Schurowliew Taken on January 22, 2008 - Dismissed as Moot. OSJ. -83-1969 0.00 0.00 h e 06/05/08 Renewed Motion to Dismiss or in t L2 f Alternative Motion for Continuance o April B, 2008 Hearing Dismissed as Moot. OSJ. -84-1969 0.00 0.00 13 06/05/08 Supplemental Motion for Continuance of April 18, 2008 Hearing -Dismissed as Moot. OSJ. -85-1969 0.00 0.00 14 07/25/08 Cost statement sent. issued by regular mai.1. Schurowliew, Vera was sent bill for $30.00. Printed on 07/25/2008 09:19:31.

0.00 0.00 09/02/08 Cost statement sent. Issued by regular 115 IIlaij.. Schurowliew, Vera was sent bill for

$30.00. Pri.nted on 09/02/20D8 14:44:37.

0.00 0.00 l a r 116 10/01/08 Cost statement sent. Issued by regu mail. Schurowliew, Vera was sent bill for $30.00. Printed on 10/01/2008 13:18:05.

0.00 0.00 11/03/08 Cost statement sent. Issued by regular 117 mail. Schurowliew, Vera was sent bill for $30.D0. Pri.nted on11/03/2U08 12:37:57.

-..._-._-...-. ^ ^ 141.00 0.00 By; cost ^^ .. 70 00 0.00 Deposit 0.00 Information 0.00 End of Report '`-*

zo ace; V7/VJ

RTR5925 Summary

lase Number Status Judge Closed ProbaLe, Judge 1008 ADV 0136931

;n The Matter Of Action

3churowliew, Vera Defendant: Schurowliew, Valentine G et al Complaint to In.itiate Accounting

"arty Attorneys >churowliew, Vera PLNTF Widder, John

Schurowliew, Valentine G DFNDT JOSSELSON, STANLEY L

Schurowliew, Aleksei DFNDT

Charter One DFNDT

Dollar Bank DFNDT FRIED, ADAM

JOSSELSON, STANLEY L UK

Opened Disposed Case Type 05/23/2008 Closed Adversary Case

Comments :

Amount Owed/ Balance Due No.Date of. Pleadings Filed, Orders and Decrees Journal Book-Page-Nbr Ref Nbr Amount Dismrssed

60.00 0.00 t 05/23/08 Compl-uintt.o Initiate Accounting Receipt: 894878 Date: 05/06/2009

100.00 0.00 2 05/23/08 Deposit received on case. Receipt: 824231 Date: 05/23/2008

20.00 0.00 3 05/27/08 Issue Date: 05/27/2008 Service: ADV Summons - CerLified Mail Method: Cert.i.fied Mail Cost Per: $ 5.00

Schurowliew, Valentine G 4323 Leading Ave Cleveland, OH 44109 Tracking No: 7178172002400013808

Schurowliew, Aleksei 4080 Park Fulton Oval SuiLe 1034 Cleveland, OH 44144 Tracking No: 7178172002400013809

Charter One c/o Corpor.ation Service Company 50 West Broad lst, Suite #1800 Columbus, 011 43215 Tracking No: 717817200240001381.0 ,te: 0S/US/lUiu tTR5925 Summary

)08 ADV 0136931 Schurowliew, Vera Defendant: Schurowli.ew, Valentine G et al

Dollar Bank c/o Law/Legal Department 3 Gateway Center - 401 Liberty Avenue Pittsburgh, PA 15222 Tracking No: 7178172002400013811

Receipt: 89487B Date: 05/06/2009

Dateof Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due 0. Journal Book-Page-Nbr Ref Nbr Amount Dismissed

0.00 0.00 06/02/08 Successful Service Method : Certi.fied Mail. Issued 05/27/2008 Service : ADV Summons - Certified Mail Served : 05/30/2008 Return : 06/02/2008 On : Schurowliew, Aleksei Signed By : Alex Schurowliew

Reason : successful Comment : Answer Date - June 30, 2008

Tracking # : 7178172002400013809

0.00 0.00 5 06/03/08 Successful Service Method : Certified mail Issued o 05/27/2008 Service ADV Summons - Certified Mail Served : 06/02/2008 Return : 06/03/2008 On : Schurowliew, Valentine G Signed By + Va1 Schurowliew

Reason : successful Comment : Answer Date - July 1, 2008

Tracking B - 7178172002400013808

0.00 0.D0 6 06/10/08 9uccessful Service Method : Certified mail issued 05/27/2008 Service : ADV Summons - Certified mail Served : 06/04/2008 Return : 06/10/2008 On : Dollar Bank Si.gned By : Tom Lahey

Reason. : successful Comment : Answer Date - July 3, 2008

Tracking .^`r : 7178172002400013811

5.00 0.00 7 06/12/08 Application for Temporary restraining order filed. Receipt: 894878 Date: 05/06/2009

0.00 06/12/08 Application for Temporary ReStraining 00 0.00 0 . Order Heard & Granted upon postrng $10 cash bond. OSJ. CTB/bw -641-1969 100.00 06/12/08 Cas17 Bond paid by Vera Schurowliew Receipt.: 828149 Date: 06/12/2008 I'L te: 05/05/2Ulu iD:41.:`

Summary .TR5 9 2 5 Defendant: Schurowliew, Valentine G et al 108 ADV 0136931 Schurowliew, vera

Balance Due Orders and Decrees Amount Owed/ Date of Pleadings Filed, Amount Dismissed Journal Book-Page-Nbr Ref. Nbr

4.00 0.00 0 06/12/08 Certified CoPies Case 894878 05/M06/2009 s

:30.00 0.00 Injunction 1 06/18/08 Plai'Liff', 894878 1i DateYY05/06/2009 filed 0.00 D.00 2 06/19/08 Ilearing Set: Event: General Hearing Date: 06/25/2008 Time: 10:00 am Judge: Brown, Charles T Location; Room 254

Result: Heard & Submitted

0.00 0.00 13 06J24/08 Answer of Defendant Valentine Schurowliew Filed.

o.oD 0. OD 14 06/25/08 Plaintiff's Motion for Preliminary Injunction Heard & Submitted. CTB/bw The following event: General Hearing scheduled for 06/25/290B at 10:00 am has been resulted as follows:

Result: Heard & Submitted Judge: Brown, Charles T Location: Room 254

0.00 0.00 15 06/25/08 Hearing Set: Event: Trial - Complaint for Accountirig Date: 08/13/2008 Time: 9:00 am Judge: Brown, Charles 'P Location: Room 254

Result: Conti.nued -521-1970 5.00 0.00 16 06/26/08 Unopposed Motion for Leave to Plead or otherwise Respond filed by Atty. Karen L. Giffen. Receipt: 894878 Date: 05/06/2009

0.00 O.DO 17 06/26/08 Unopposed Motion for Leave to plead or Otherwise Respond is Heard & Granted. OSJ. CTB/mvc -613-1970 0.00 0.00 7.8 07/10/08 Stipulation for Partial. Release of Trust Monies filed. OSJ. RLG/bw -699-1971 0 . 00 0.00 19 07/15/08 Plaintif£'s MoCion for Preliminary Injunction Settled and Dismissed. OSJ.CTB/ylw -107A-1971 0.00 0.00 20 07/16/08 Leave to plead Filed. Defendant Dollar Bank has until July 31, 2008 to move or plead. OSJ. CTB/bw -1100-1971 e: OS/05/turu i •^^ Summary 'R5925 Vera Defendant: Schurowliew, Valentine G et al )8 ADV 0136931 Schurowliew,

'^- AmountOwed/ Balance Due Date of Pleadrngs Fi1ed, orders and Decrees Journal Book-Page-Nbr Ref Nbr Amount Dismissed ----

0.00 0.00 07/25/08 Defendant Charter One Bank's Answer to Complaint Filed.

0.00 0.00 p7/28/08 Answer of- Defendant Dollar Bank Filed by Attorney Adam M. Fried.

0.00 0.00 schedUled ras 08/13/08 0The event: 8/13/2008 r agt 9:00 am Thas lbeen follows: Result: C'ontinued Judge: Brown, Charles T Location: Room 254 0.00 0.00 OS/13/08 Amended Complaint filed

0.00 08/13/08 Complaint for Trust Accotmti.ng and Other 0.00 5 Equitable Relief Dismissed. OSJ.CTB/ylw -333 1974 0.00 0 . 00 6 08/13/08 kiearing Set: Event: Pretrial Date: 11/0S/2008 'Pi.me: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Continued o.00 08/26/08 Def.endanC Valentine Schurowliew's Answer 0.00 27 to Plaintiff's Amended Complaint Filed.

0.00 0.00 t o 28 09/11/08 Answer of Defendant Dollar Bank Plaintiff's Amended Complaint Filed.

0 00 0 .00 09/19/08 Sheriff's Return on Subpoena Pers/Res . 29 Service.

0.00 09/19/08 Sheriff's ReCUrn on Subpoena Pers/Res 0.00 30 Service.

0.00 09/29/08 Sheriff's Aeturn on Subpoena Pers/Res 8.50 37. Service. Receipt: 894878 Date: 05/06/2009

0.00 10/01/08 Defendant Valentine Schurowl.iew's Amended 0.00 32 Answer to Plaintiff's Amended Complaint filed. 0.00 10/02/08 Defendant Valentine Sckmrowliew's Moti.on 0.00 33 for Leave to File an Ainended Answer to Plaintiff's Amended Complaint filed.

0.00 10/02/08 Defendant Valentine Schurowliew's Motion 0.00 34 for Leave Co file and Amended Answer to Piaintiff's Amended Complaint Heard & Granted.OSJ/CTB/y l w -368-197'7 e: 0S/05/2U].U Summary 'R5925 )8 ADV 0136931 Schurowliew, Vera Defendant: Schurowliew, Valentine G et al

Amount Owed/ Balance Due Date of Pleadings Filed, Orders and Decrees Amount Dismissed Journal Book-Page-Nbr Ref. Nbr

5.00 0.00 10/29/O8 Motion to Compel Filed by Attorney Mark Biggerman. Receipt: 894878 Date: 05/06/2009

0.00 0.00 10/31/08 Hearing Set: Event: Motion to Compel Date: 11/05/2008 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Continued

. . .. 0.00 0.00 10/31/08 Plaintiff's Notice of Depositions Filed. 7

0.00 0.00 8 10/31/08 Transcript of Deposi.tion Filed.

0.00 O.DD 9 11/05/08 The following event: Motion to Compel scheduled for 11/05/2008 at 9:00 am has been resulted as follows: Result: Conti.nued Judge: Brown, Charles T Location: Room 254

0.00 0.00 11/O5/08 The fo7.lowing event: Pretrial scheduled l0 for 11/05/2008 at 9:00 ain has been resulted as follows: Result: Continued ti o n: Rooxn Judge: Brown, Charles T Loca 254

0.00 0.00 41 11/05/08 Ilearing Set: Event: Pretrial Date: 01/12/2009 Tima: 9:00 am Judqe: Brown, Charles T LocaCion: Room 254

Result: Hearing Held -488-1979 0.00 0 . 00 42 11/05/08 Hearing Set: Event: Trial OSJ/CTB/ylw Date: 01/22/2009 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Heard & Submitted -488-1979 0.00 0 . 00 43 11/05/08 Hearing Set: Event: Trial day 2 Date: 01/23/2009 Time: 9:00 am Judge: Brown, Charles T LocaLion: Room 254

D.00 44 11/12/08 Defendant Charter One Bank's Answer to 0.00 Amended Complaint Instanter filed. to: 05/05/2010 Summary PR5925 08 ADV 0136931 Schurowliew, Vera Defendant: Schurowliew, Valentine G et al

Due -...- -.- .^_-.-...- :.-.-.-..-...-..AmountOwed/ Balance Date of Pleadings Filed, Orders and DeNrbses pmorint Dismissecl Journal Book-Page-Nbr R e -.------

5.00 0.00 11/13/08 Defendant Charter One Bank's Motion for Judgment on the Pleadings Filed. Receipt: 894878 Date: 05/06/2009

0.00 0.00 11/13/08 Hearing Set: Event: Pretrial Date: 01/12/2009 Time: 9:00 am Judge: Brown, Char:Les T Location: Room 254

Result: Hearing Held

0.00 0.00 7 11/20/08 ^dvanced f HeaMd t & o GrantedmpOSJDCTY,/ylwY -474-1980 5.00 0.00 18 11./21/08 De£endant Dollar Bank's MotiFiledr Judgement on the Pleadings Receipt: 894878 Date: 05/06/2009 0.00 0.00 49 11/21/08 Hearing Set: Event: General Hearing Date: 01/12/2009 Time: am Room Judge: Brown, Charles T 254

Result: Continued

0.00 0.00 ll ar 11/21/08 Brief in Support of. Defendant Do 50 Bank's DYoCion tor Judgment on the Pleadings Filed.

0.00 12/04/08 Magistrate's Findings of In Camera Review 0.00 51 Filed.CTB/ylw

0.00 12/05/08 Plaintiff's Motion to Show Cause & Extend 5 .00 52 the Discovery Cut- off &Trial Dates I'ilcd. Receipt: 894878 Datc: 05/06/2009

0.00 0.00 .53 12/09/08 Hearing Set: Event: General Hearing Date: 12/30/2008 Time: 2:30 pm Judge: Brown, Charles T I,ocation: Rooni 254

Result: Continued

Result: Heard & Submitted

0.00 0.00 ition 12/26/08 Def.endant Valentine Brief In Oppos 54 to Plaintiff's hlotion to Show Cause Filed,

0.00 0.00 12/26/08 Defendant Valentien Schurowliew's Exhibit 55 List filed. Cet uS/l)b/Z11u 1o:I i. I -

2'PR5925 Summary

)08 ADV 0136931 Schurowliew, Vera Def.endant: Schurowliew, Valenti.ne G et al

Date of Pleadings Fi,led,Orders and Decrees Amount Owed/ Balance Due J. Journal Book-Page-Nbr Ref Nbr Amount Dismissed

0.00 0.00 6 12/26/08 DefendanC Valentine Schurowliew's Witness List Filed

0.00 0.00 7 12/29/08 Plaintiff's Notice of Dismissal of Defendant Charter One Bank Filed.

0.00 0.00 8 12/30/08 The following event: General Hearing scheduled for 12/30/2008 at 2:30 pm has been resulCed as follows: Result: Heard & Submitted Judge: Brown, Charles T Location: Room . . . 154 ......

D.00 0.00 39 12/30/08 Hearing Set: Event: General Hearing Date: 01/12/2009 Time: 9:00 am Judge: Brown, Charles T Location: Room 2:i4

Result: Continued

5.00 0.00 60 12/30/08 Defa_ndant Valentine Schurowliew's Motion for Summary Judgment Filed. Receipt: 894878 Date: 05/06/2009

0.00 0.00 61 12/30/08 Hearing Set: Event: Mot.ion for Summary Judgment Date: 01/12/2009 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

Result.: continued

0.00 0.0D 62 07./05/09 Plaintiff's Motion to Show Cause and Extend the Di.scovery cut-off and Trial Dated Heard & Granted in part and conti)med until Jan. 12, 2009. OSJ.CTB/ylw -47-1983 0.00 0.00 63 Ol/05/09 Plaintiff's Notice of Dismis5al of Defendant. Dollar Bank Filed.

0.00 0.00 64 01/05/09 Plaintiff's Motion for Leave to Y'ile a Motion for Summary Judgment Filed.

5.00 0.00 65 01/05/09 Plaintiff's Motion to Strike Defendant Valentine Schurowliew's Motion for Sumary Judgment or for 30 Days to Respond Filed. Receipt: 894878 Date: 05/06/2009

2061 te: 05/05/201V r^:^i:c^ summary TR5925 l en tine G et=l Vera Defendant: Schurowliew, Va 08 ADV 0136931 Schurowliew,

Balance Due Orders and Decrees Amount Owed/ Date of Pleadings Filed, Amount Dismissed Journal Book-Page-Nbr Ref Nbr

0.00 0.00 01/06/09 Hearing Set: Event: Plaintiff's Motion for Leave to File Summary Judgment Date: 01/12/2009 Time: 9:00 am Judge: Brown, Charles T Location; Room 254

Result: Continued

0.00 0.00 7 01/06/09 Hearing Set: F.veit: Plainti-ff Motion to strike Defendant Valentine Schurowliew`s Motion for Summary Judgment of for 30 Days to Respond Date: 01/12/2009 Time: 9:00 am Judge: Browri, C'harles T Location: Room 254

Result: Continued

0.00 0.00 Plaintiff's Supplemental Evidence i n 56 01/06/09 Support of their Motion for Extension of Discovery Cut-Off & Trial Dates Filed.

0.00 0.00 Plaintiff's I9emorandum Contra to Defendant 69 01/09/09 Valentine Schurowliew's Motion for Summary Judgment Filed.

0.00 01/7.2/09 The following event: Notion for Summary 0.00 70 Judgment scheduled for 01/12/2009 at 9:00 am has been resulted as follows: Result: Continued Judge: Brown, Charles T Location: Room 254

0.00 0.00 71 01/12/09 Hearing Set: Event: Defendant's Motion for Summary Judgment Date: 01/22/2009 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Heard & Submitted

0 00 0.00 duied 01/12/09 Tllc for (71/12/2009 e at n 9:00 r am r has been resulted as follows: Result: Hearing Held continued Judge: Brown, Charles T Locati.on: Room 254

0.00 0.00 73 01/12/09 The beonduled for 01/12/2009 at 9:00 am ha resulted as followc: Result: Hearing He1d continued Judge: Brown, Charles T Location: Room 254 e: 05/05/2010 Summary ;'R5925 8 ADV 0136931 Schurowliew, Vera Defendant: Schurowliew, Valentine G et al )8

Amount...owed/ Balance Due Date of Pleadings Filed, Orders and Decrees Amotint Dismissed Journal Book-PageNbr Ref Nbr .-- _. 0.00 0.00 01/12/09 Hearing Set: Event: Pretrial Date: 01/22/2009 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Heard & Submitted

o.oo o.no

01/12l09 s`'he^u7.ed wfor 01/12/2009rat strikeam khas been resulted as follows: Result+ Conti.nued Judge: Brown, Charles T Hocation: R.oom...... -

254

6 01/12/09 Hearing Set: Event: Motion to strike Date: 01/22/2009 Ti.me: 9Lo0ation: Room Judge: IIrown, Charles T 254

ResU'Lt: Heard & Submitted

01/12/09 The following event: General Hearing 77 scheduled for Ol./12/2009 at 9:00 am has been resulted as follows: Result: Continued I.ocation: Room Judge: Brown, Charles T 254

78 01/12/09 Hearing Set: Event: General Hearing Date: 01/22/2009 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Heard & Submitted

0.00 0.00 79 01/12/09 The following event: General Hearing scheduled fo 01/12/2009 at. 9:00 am has been resulted as follows: Result: Continued Judge: Brown, Charles T Location: Room 254

0.00 0.00 . 80 Ol/12/09 Iiearing Set: Evellt: General Hearing Date: 01/22/2009 Time: 9^^0aa?non: Room Judge: Brown, Charles T 254

Result: Heard & Submit.ted

0.00 0.00 g1 01/12/09 The f,ljowing Judgmen am has been resulted as follows: Result: Conti.nued Location.: Room judge: Brown, Charles T 254 te: 05/US/zUtu Summary tTR5925 )08 ADV 0136931 Schurowliew, Vera Defendant: Schurowliew, Vatenti_ne G et al

and Decrees Amount Owed/ Balance Due Date of Pleadings Filed, Orders Amount Dismissed journal Book-Page-Nbr Ref Nbr

0.00 0.00 2 01/12/09 Hearing Set: Event: Plaintiff's Moti.on for Summary Judgment Date: 01/22/2009 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Heard & Snbmitted

0.00 0.00 33 01/12/09 Hearing Set: Event: Final Pretrial Uate: 03/30/2009 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Hearing transferred to another Magistrate

0.00 0.00 84 01/12/09 Hearing Set: Event: Trial DaCe: 04/06/2009 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

5.00 0.00 01/12/09 Defendant Valentine Schurowliew's Motion 85 for Leave to file for Sunmary Judgment Filed. Receipt: 894878 Date: 05/06/2009

5.00 0.00 01/12/09 Defendant Val.entine Schurowliew's Roquest 86 for Modified Order Regarding Plai.ntiff's Moti.on to Compel Filed. Receipt.: 894878 Date: 05/06/2009

0.00 0.00 87 01/12/09 Heari.rig Set: Event: General Hearing Date: 01/22/2009 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Heard & Granted

Result: Heard & Submitted

0.00 0.00 88 01/12/09 Ilearing Set: Event: General Hearing Date: 01/22/2009 Time: 9:00 am Judge: Brown, Charles T Location: Room 25A

Result: Heard & Submitted

0.00 0.00 ' iled 89 01/13/09 Plainti.ff's Witness List P

0.00 0.00 for 90 01/13/09 Return on Subpoena Pers/Res Service Ralph Zar.nick, Court Investiga 30 te: OS/05 Luru +- ^- Summary TR5925 Valentine G etal 08 ADV 0136931 Schurowliew, Vera Defendant; Schurowliew,

Balance Due ---- -"--- Amountd Decrees Ovted/ Date of pleadings Filed, Orders an Amount Dismissed journal Book-PageNbr Ref Nbr ...-

5.00 0.00 01/14/09 Motion for Protective Order Filed. Receipt: 894878 Date: 05/06/2009

0.00 0.00 2. 01/14/09 Motion for Procetive Order Heard & Granted. OSJ.CTB/ylw -723-1983 0 . 00 0.00 3 01/1.5/09 JudgmenC Entry on Pursuant to civil Rule 19 OSJ/JEC/ylw. -947-1983 5.00 0. 00 01/21/09 Plaintiffs' Motion for Partial Summary 4 . Judgment Filed by Attorney Mar k W Biggerman. Receipt: 894878 Date: 05/06/2009 0.00 0.00 01/22/09 The following event: Motion for Summary )5 009 at 9:00 Judgment scheduled for 01/22/2 am has been resulted as follows: Result: Heard & Submitted Judge: Brown, Charles T Location: Room 254

0.00 0.00 event: 96 01/22/09 scheduled wfogr. 0 1/22/20D9eat,9H00r am ghas been resulted as fol.lows: Result: Heard & Submitted Judge: Brown, Charles 'P Location: Room 254

97 01/22/09 01/22/2009 e at n 9:DO r am r has beeeduled 0.00 0 .00 for resulted as follows: Result: Heard & Submitted Judge: Brown, Charles T Location: Room 254

0.00 0.00 98 01/22/09 The following event: General Hearing scheduled for 01/22/2009 at. 9:00 am has been resulted as follows: Result: lieard & submitted Judge: Brown, Charles T Locati.on: Room 254

_ D.00 0.00 OvPut; 99 01/22/09 St'heduled wfogr 0 1/22/2009eat19f100^ am ghas been resulted as follows: Result: Heard & Submitted Judge: Brown, Charles T Location: Room 254

0.00 0.00 100 01/22/09 The following event: Motion for Summary Judgment scheduled for 01/27./2009 at 9:00 am has been resulted as fol.lows: Result: Heard & Submitted Judge: Brown, Charles T Location: Room 2 5n te: 05/05/2010

TR5925 Summary

08 ADV 0].36931 Schurowliew, Vera Defendant: Schurowliew, Valentine G et al

Amount Owed/ Balance Due Date of Pleadings Filed, Orders and Decree5 Ref Nbr 7^mount Dismissed Journal Book-Page-Nbr .__._-..-

0.00 0.00 )1 01/22/09 sThe cheduled wfor M,tion Strikeam khas been resulted as follov3 s: Result: Heard & Submitted Judge: Brown, Charles T Location: Room 254

0.00 0.00 02 01/22/09 The following event: Trial scheduled for 01/22/2009 at 9:00 am has been resulted as follows: Result: Heard & Submit.ted Judge; Brown, Charles T Location: Room 254

0.00 0.00

03 01/22/09 kc.'heduled vffor 01/22/2009eaa19^I00ran ghas s been resulted as follows: Reault: Heard & Submi.tted Judge: Brown, Charles T Location: Room 254

0.00 0.00 104 01/22/09 Defendant Dollar Bank's Motion for Judgment on the Pleadings Dismissed as moot . OSJ.CTB/ylw -246-1984 0.00 0.00 105 01/22/09 Palintiff's Motion for Leave to File a Motion for Summary Judgment Heard & GranLed. OSJ.CTB/ylw -24'7-1984 0.00 0.00 106 01/22/09 Plaintiff's Motion to Strike Defendant Valentine Schurowliew's Motion for Summary Judgment or for 30 Days to Respond overruled. OSJ.CTB/ylw -248-1984 0.00 0.00 107 01/22/09 Defendant Valentine Schurowliew's Motion for Leave to file for Summary Judgment Hoard & Granted, OSJ/CTB/ylw -249-1984 0,00 0.00 108 01/22/09 Uefendant Valontine Schurowliew's Requrest, for Modified Order Regarding Plaintiffs' Motion to Compel Dismissed as mooL OSJ.CTB/ylw -250-1984 0.00 0.00 109 01/26/09 Amend Coniplaint JudgmenL and Decree. OSJ. C'tB/ylw -479-1984 0.00 0.00 11.0 02/02/09 Defendant Valentine Schurowliew's Brief in opposition to Plaintiffs' Motion for Summary Judgment Filed by Iattorney Stanley L. Josselson.

0 .00 0.00 . 111 02/02/09 llefendanC`s Motion for Summary Judgment overruled. OSJ.CTB/ylw -979-1984 31, e: 05/05/201U 'R5925 Summary

IS ADV 0136931 Schurowliew, Vera Defendant: Schurowliew, Valentine G et al

"- - Amount Owed/ Balance Due Dale of Pleadings Biled, Orders and Decrees Amount Dismissed Journal Book-Page-Nbr Ref Nbr _.__

0.00 0.00 2 02/02/09 Plaintiffs' Motion for Partial Sucmnary Judgment Overrul.ed. OSJ.CTB/ylw -980--1984 0.00 0.00 3 02/13/09 Amended Judgment Entry. OSJ.CTB/ylw -1187-1985 5.00 0-00 4 03/05/09 Defendant's Motion for Sanctions filed by Stanley L. Josselson. Receipt: 894878 Date: 05/06/2009

0.00 0.00 5 03/05/09 Hearing Set: Event: Defendant's Motion for Sanctions Date: 03/30/2009 Time: 9:00 am Judgc: Brown, Charles T Location: Room 254

Result: Hearing transferred to another Magistrate

0.00 q ismissal of Breach 0.00 16 03/13/09 Plainti£f`s Notice of of Fiduciar.y Duty Claim Filed.

0.00 0.00 03/17/09 Plaintiff's Memorandum Contra to . 17 il e d . Defendant's Motion for Sanctions F

5.00 0.00 Actions 03/24/09 Plintiff's .1II a 0`/0 6/2009

0.00 o.00 03/24/09 Hearing Set: 119 lid a te Fvent: Pl.aintiff's Motion to Conso Actions Date: 03/30/2009 Time: 9:00 am Judge: Brown, Charles T Location: Room 254

Result: Hearing transferred to another Magistrate

0.00 0.00 120 03/24/09 Second Amended Coinplaint filed

0.00 0.00 121 03/26/09 Hearing Set: Event: Trial (from CB) Date: 04/06/2009 Time: 9:00 am Judge: Gallagher, Laura J Location: Courtroom 2

Result: Dismissed

0.00 0.00 122 03/27/09 Hearing Set: Event: Pretrial Date: 03/30/2009 'Pime: 9:00 ain Judge: Gallagher, Laura J Location: Courtraom 2 Result: Hearing Held 33 te: 05/05/20ia i^:Zi:ll

Summary TR5925 08 ADV 0136931 schurowliew, Vera Def.endant: Schurowliew, Valentine G et al

Amount Owed/ Balance Due Date of Pleadings Filed, Orders and Decrees pnount Dismissed Journal Book-Page-Nbr Ref Nbr

0.00 0.00 33 03/27/09 Hearing Set: Fvent.: Motion for Sanctions Date: 03/30/2009 Time: 9:00 ain Judge: Gallagher, Laura J Locati.on: courtroom 2

Result: overruled

0.00 u.00 24 03/27/09 Hearing Set: Eventr General Hearing - Mot.ion to Consolidate Actions Date; 03/30/2009 Time: 9:00 am Judge: Callagher, Laura J Location: court.room 2

Result: Overruled

0.00 0.00 L25 03/30/09 Hearing Held The £ollowing event: Pretrial scheduled for 03/30/2009 at 9:00 am has been resulted as follows:

Result; Hearing Held judge: Gallagher, Laura J Location: courtroom 2

0.00 0.00 126 04/10/09 overruled. LJG/sl OSJ. (1JF) The following event: Motion for Sanctions scheduled for 03/30/2009 at 9:00 am has been resulted as follows;

Result: Overruled Judge: Gallagher, I.aura J Location: Courtroom 2 -929-1989 0.00 0.00 127 04/10/09 over.ruled. LJG/sl OSJ. (1JF) The following event: General Hearing- Motion to consolidate scheduled for 03/30/2009 at 9:00 am has been resulted as follows:

Result; Overruled Judge: Gallagher, Laura J Locat.ion: courtroom 2 -929-1989 0.00 oSJ. LJG/sl 0_00 128 04/10/09 Dismi_ssed Without Prejudice. 1Jli) The following event: Trial scheduled for 04/06/2009 at 9:00 am has been resul.ted as follows;

Result: Dismissed Judge: Gallagher, Laura J Location;

courtroom 2 -929-1989 0.00 0.00 129 04/17/09 Plainl.iffs' Notice of Dismissal without Prejudice filed by Attorneys Mark 44. I3iggerman and John M. Widder. 3 ^te: 05/05/2010 1S:L1:L•l Summary d'PR5925 G et al Vera Defendant; Schurowliew, Valent i ne )08 ADV 0136931 Schnrowliew,

l ance Due Amountount Owed/ Ba of Pleadings Filed, Orders and Decrees ^. Amaunt Dism i sse d 7ournal Book-Page-Nbr Ref Nbr

100.00 0•00 bond to 30 05/06/09 Deposit received on case from cash be refunded after court costs are paid Receipt: 89487'i Date: 05/06/2009

^.90 0.00 05/06/09 Refund of Deposited Money. Vera Schurowliew 31

10 0 . 00 0.00 'Potals By: Cash Bond 192.50 0 . 00 Cost 200.00 0.00 Deposl.t 0.00 0.00 Lnformation '7.50 0.00 Refund **" End of Report

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3TR5925 Summary

ase Number Status Judge

009 ADV 0144867 Open Probate, Judge

Action n The Matter Of

Conceal.ment of Assets et al arty Attorneys churowliew, Vera PLNTF Biggerinan, Mark W.

churowliew, Alex PLNTF Biggerman, Mark W.

churowliew, Valentine G DFNDT JOSSELSON, STANLEY L

ansci, Joseph DFNDT pened Disposed Case Type i2/26/2009 Undisposed Adversary Case omments:

Balance Due So. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Journal Book-Page-Nbr Ref Nbr Amount Dismissed

60.00 60.00 02/26/09 Complaint for Concealment of Assets

100.00 0.00 02/26/09 Deposit received on case. Receipt: 879916 Date: 02/26/2009

0.00 0_00 02/26/09 Hearing Set: Event: Concealment of Assets Date: 04/16/2009 Ti.me: 9:00 am Judge: Brown, Charles T Location: Room 254

0.00 0_00 a 02/26/09 personal Service issued to The Cuyahoga County Sheriff to serve Valenti.ne G. Schurowli-ew.

11.50 11.50 5 02/28/09 Sheriff's Return of Personal Service on Citation on Conceal of Assets

0.00 0.00 6 03/04/09 Successful Service for Valentine G. Schurowliew, personally served on 02/28/2009.

0.00 0.00 7 03/05/09 Answer of Defendant Valentine Schurowliew filed by Stanely L. Josselson.

0.00 0.00 8 03/24/09 Amended Complaint for Concealmaend and Embezzlement of Assets filed

0.00 0.00 9 03/26/09 Personal Service issued to The Cuyahoga County Sheriff to serve Joseph Bansci. te: U}/Ub/LU1V t.i.ao.-+^

.TR5925 Summary

09 ADV 014486'7 Schurowliew, Vera et al Defendant: Schurowliew, Valentine G et

Date of Pleadings Fi1ed, Ord©rs and Decrees Amonnt Owed/ Balance Due Journal BookPage-Nbr Ref Nbr Amount Dismissed

03/30/09 Defendant Valentine Schurowliew's Answer 0.00 0.00 to the Amended Complaint filed by Stanley L. Josselson.

L 03/30/09 Defendant's Answer to Second Amended 0.00 0.00 Complaint filed by Stanley L. Josselson.

0.00 0.00 03/30/09 Hearing Set: Event: Concealment of Assets Date: 05/11/2009 Time: 9:00 am Judge: Gallagher; Laura J Location: Courtrooni 2

0.00 0.00 3 03/30/09 (Hearing set with Magistrate Brown on 4-16-09 transferred to Judge Gallagher's docket. /sl)

4 04/03/09 Successful Service for Joseph Bansci, 0.00 0.00 served on 03/31/2009-

21.50 21.50 04/06/09 Sheriff's Return on Subpoena Pers/Res Service.

L6 04/10/09 Oral Motion by Plaint.iffs to Adopt 0.00 0.00 Restraining Order Issued 6-1208 - Heard & G'ranted. OSJ. LJG/s7. -923-1989 0.00 0.00 17 04/21/09 Answer, Counterc.Laim and Cross Claim of Josep Bancsi, Administrator of the Estate of Sofija Schurowliew, Deceased Filed.

18 04/24/09 Plaintiff.s' Motion for Summary Judgment 5.00 5.00 iiled by Mark W. Biggerman and John M. Widder.

19 04/28/09 Defendant's Renewed Motion for Sanctions 5.00 5.00 filed by Stanley L. Josselson.

20 04/30/09 Witness List of Defendant Valentine 0.00 0.00 Schurowliew Filed by Stanley Josselson.

21 05/04/09 Plaintiffs' Brief in Opposition to 0.00 000 Defendant Valentine Schurowliew's Renewed Motion for Sanctions filed by Mark W. Biggerman.

0.00 0.00 22 05/04/09 Defendant Valenti.ne Schurowliew's Answer to the Cross Claim/Counterclaim filed by Stanley L. Josselson. ite: OS/OS/LU1V tTR5925 6ummary

)09 ADV 0144867 Schurowliew, Vera et al Defendant: Schurowliew, Valentine G et

------"- - Balance Due Date of Pleadings Filed, or.ders and Decrees Amount Owed/ journal Book-Page-Nbr Ref Nbr Amount Dismissed

0.00 0.00 05/07/09 Plaintiffs' Motion for. Partial Sununary Judgment -- Denied. OSJ. LJG/sl -448-1991 0.00 0.00 4 05/08/09 Plaintiffs' Notice of Filing Deposition Transcripts of Valentine Hchurowliew filed by Mark W. Biggerinan.

0.00 0.00 5 05/1.1/09 Conti.nued. The following event: Concealment of Assets scheduled for 05/11/2009 at 9:00 am has been resulted as follows:

Result: Continued Judge: Gallagher, Laura J Location: courtroom 2

0.00 0.00 26 05/12/09 Plainti£fs' Answer Co Defendant Joseph 6ansci's Counterclaim filed by Mark W. Biggerman.

0.00 0.00 27 06/05/09 Defendant's Responses to Plaintiffs' Interrogatories filed by Stanley L. josselson.

0.00 0.00 28 06/05/09 Def.endant's Notice of Filing DeposiCOn Transcripts of Ralph zarnick filed by Stanley Josselson.

0.00 0.00 29 07/01/09 Hearing Set: Event: Concealment of Assets Date: D7/30/2009 Time: 10:00 am Judge: Gallagher, Laura J Location: Courtroom 2

Result: Continued

5.00 5.00 30 07/13/09 Defendants' Motion Co Consolidate filed by Stanley L. Josselson.

5.00 5.00 31 07/16/09 44oCion for Judicial Notice filed by Stanley Joseelson.

0.00 0.00 32 07/21/09 Plaintiffs' Brief in Opposition to Defendant Valentine Schurow].iew's Motion for Judicial. Notice fil.ed by Mark W. Biggerman.

5.00 5.00 33 07/21/09 Motion for Court, to Open Case 2008 ADV 136931 So As To Allow Filing of Depositon of Ralph Zarnick Taken in Jan., 2009. Motion for 6anctions filed by Stanley Josselson.

951 te: 05/05/2010 1b:Lb:Dy Summary TR5925 Defendant: Schurowliew, Valent i ne G e t 09 ADV 0144867 Schurowliew, Vera et al _-._- Balance Due Orders and Decrees Amount Owed/ Date of Pleadings Filed, Amount Dismissed Journal Book-Page-Nbr Ref Nbr

0.00 07/21/09 Plaintiffs' Brief in Opposition to 0.00 Defendant Valentine Schurowliew's Motion to Consolidate filed by Mark W. Biggerman.

5.00 07/22/09 Motion to Disqualify Attorney Biggerman 5.00 fil.ed by Stanley Josselson.

0.00 6 07/22/09 DeEendant's Answer to plaintiff's Brief in 0.00 Opposition to Consolidation filed by Stanley Josselson.

5.00 7 07/23/09 Motion to Continue filed by Stanley 5.00 Josselson.

0.00 0.00 8 07/27/09 Plaint.iffs' Brief in Opposition to Defendant Valentine Schurowliew ' s Motion to Disqualify Attorney Biggerman filed by Mark W. Biggerman.

.00 .00 9 07/27/09 Plaintif£s' Brief in Oppo5i.tion to Defendant's Motion for. Sanctions f- iled by Mark W. Biggerman.

0.00 0.00 10 07/29/09 Motion to Continued filed July 23, 2008 by Stanley Josselson - Granted. OSJ. LJG/s l 559-1997 0.00 0.00 41 07/29/09 Continued. The following event: Concealment of Assets scheduled for 07/30/2009 at 10:00 am has been resulted as follov.*s:

Result: Continued Judge: Gallagher, Laura J Location: Courtroom 2

0.00 0.00 42 07/29/09 Heari.ng Set: Event: Concealment of Assets Date: 09/16/2009 Time: 10:00 am Judge: Gallagher, Laura J Location: Courtroom 2

Result: Continued

0.00 0.00 43 D7/29/09 copy of Transcript of Deposition of Ralph Zarnick taken January 20, 2009 filed by Valerrtine Schurowli.ew.

0.00 0.00 44 07/30/09 Reply to Plaintiff's Brief Against and Clarification of Defendant's Motion for Judicial Notice in Both Courts filed by Stanley Josselsan.

0.00 0.00 45 07/30/09 Defendant's Reply to Plaintiff's Brief in Opposi-tion Defendant's Moti.on to 31 Disqualify filed by Stanley Josselson. ;e: 05/05/6u1u i^:Zo:-l

PR5925 Summary

09 ADV 0144867 Schurowliew, Vera et al Defendant: Schurowliew, Valentine G et

Orders and Decrees Amount Owed/ Balance Due Date of Pleadings Filed, Amount Dismissed Journal. Book-Page-Nbr Ref Nbr

07/30/09 Defendant's Respon5es to Plaintiff's 0.00 0.00 Interrogatories filed by Stanley Josselson.

5 . 00 5.00 07/30/09 Plaintiffs' Motion for Sanctions filed by Mark W. Biggerman.

0.00 0.00 08/7.3/09 Defendant's Response to Plai_nti£fs' Motion S for Sanctions filed by Stanley Josselson.

5.00 5.00 08/13/09Motion to Allow More Than 40 Interrogatories Filed by Stanley Josseslson-

0.00 0.00 0 08/28/09 Defendant's Withdrawal. of Request for More Than 40 Interrogatories filed by Stanley Josselson.

0.00 0.00 09/15/09 Continued- The following event: Concealment of Assets scheduled for 09/16/2009 at 10:00 am has been resulted as follows:

Resu1C: Continued Judge: Gallagher, Laura J Location: Courtroom 2

0.00 0.00 52 09/15/09 Hearing Set: Event: Concealment of Assets Date: 09/17/2009 Time: 9:00 am judge: Gallagher, Laura J Location: Courtroom 2

Result: Hearing Held

0.00 O.OD 53 09/17/09 Hearing Held and continued. The following event: Concealment of Assets scheduled ior 09/17/2009 at 9:00 am has been resulted as foliows:

Result: Hearing Held Judge: Gallagher, Laur.a J Location: Courtroom 2

0.00 0.00 54 09/17/09 Ilearing Set: OSJ Event: Final Pretria7. Date: 01/11/2010 Time: 9:00 am Judge: Gallagher, Laura J Location: Courtroom 2

Result: Hearing Held 270--2002 aCe: 05/D5/2010 i5:^ Uu - - .

RTR5925 Summary

009 ADV 0144867 Schurowliew, Vera et al Defendant: Schurowliew, Valentine G et

!o. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due Journal Book-Page-Nbr Ref Nbr Amount Dismissed

0.00 0.00 i5 09/17/09 liearing Set: OSJ Event: Trial Date: 01/25/2010 Time: 9:00 am Judge: Gallagher, Laura J Location: Courtroom 2

Result: Continued -270-2002 0.00 0.00 56 09/17/09 Hearing Set; Event: Tr'ial. Date: 01/26/2010 Time: 9:00 am Judge: Gall.agher, Laura J Location: Courtroom 2

0.00 0.00 57 09/17/09 Hearing Set: Event: Trial Date: 01/27/2010 Time: 9:00 am Judge: Gallagher, Laura J Location: Courtroom 2

0.00 0.00 58 09/17/09 Hearing SeC: F,vent: Trial Date: 01/28/2010 Time: 9:00 am Judge: Gallagher, Laura J Location: Courtroom 2

0.00 0.00 S9 09/17/09 Hearing Set: Event: Trial Date: 01/29/2D7.0 Tinie: 9:00 am Judge: Probate, Judge Location: Probate Courtroom

60 09/21/09 Defendant`s Addition of Magistrate Charles 0.00 0-00 Brown to WiCness List filed by Stanley Josselson.

0.00 0.00 61 09/22/09 Defendant's Renewed Motion for Sanctions filed 4-28-09 - Heard & Denied. OSJ. LJG/sl -202 2002 0.00 0.00 62 09/22/09 Defendant's Mot_ion to Consolidate filed 7-13-09 - Heard & Denied. OSJ. 1,JG/sl -203-2002 0.00 0.00 63 09/22/09 DefendanL's Motion for Judicial Notice filed `7-16-09 - Heard & Denied. OSJ. LJG/sl -204-2002

64 09/22/09 Mot.ion for Court to open Case 2008 ADV 0.00 0.00 136931 So As 'Po Allow Filing of Deposition of Ralph Zarnick Taken in Jari., 2009 and Motion for Sanctions filed '7-21-09 - Dismissed. 09J. LJG/sl . -205-2002

65 09/22/09 Defendant's Motion to Disqualify Attorney D.00 0.00 Biggerman filed 7-22-0 -- Heard & Denied. OSJ. T,JG/sl -206-2002 RTR5925 Summary

009 ADV 0144867 Schurowl.iew, Vera et al Defendant: Schurowliew, Valentine G et

--^ "- Balance Due Date of Pleadi.ngs Filed, Orders and Decrees Amount Owed/ o. Journal Book-Page-Nbr Ref Nbr Amount Dismissed

0.00 6 09/22/09 Plaintiffs' Moti.on for SancT.ions filed 0.00 7-30-09 - Heard & Denied. OSJ. LJG/sl -207-2002 5.00 5.00 {7 11/02/09 Moti.on to Continue and Stay of Proceedings filed by Joseph Bansci.

5.00 5.00 11/02/09 Pl.aintiff's Motion for an Extension of i8 Time to Respond to Defendant Valentirxe Schurowliew's Discovery Requests filed by Mark W. Biggerman and John M. Widder.

0.00 0.00 69 11/05/09 Plai-ntift'S Motion for Extension to Respond - Heard & Granted until November 9, 2009. OSJ. LJG/sl -812-2004 5.00 5.00 70 11/13/09 Motion for Proper Execution; Deemed Admission of Requests for Admission; Extension of Time; CosCS and Atty Fees filed by Stanley Josselson.

0.00 0.D0 71 11/16/09 Partial Withdrawal of Motion for Proper Execution of Interrogatories and Requosts for Admission, Etc., Only with Respect to Proper Execution filed by Stanley L. Josselson.

5.00 5.00 72 11/19/09 Motion for Summary Judgment, Affidavits A, B, C, D Part 1 and D Part 2 (3 binders) Fi1ed by Stanley Josselsorx.

0.00 0.00 73 11/24/09 Plai.ntiff's Brief in Opposition to Defendant Valentine Schurowliew's Motion for Proper Execution; Deemed Admission of Requests for Admission; ExLension of Time and Attorney Fees Filed by Marlc 13iggerman.

0.00 0.0D 74 12/08/09 Reply to Plaintiff's Brief in Opposition to Defendant's Motion for Proper Execution filed by Stanley Josselson.

5.00 5.00 75 12/09/09 Plaintiffs' Motion for Extension of the Tria1 and Case Schedule filed by Mark W. Biggerman.

0.00 0.00 76 12/11/09 Answer to Plaintiffs' Motion for Extension of. Trial and Case Schedule filed by Stanley Josselson.

5.00 5.00 77 12/21/09 Plaintif-f's Motion to Strike Defendant's Motion for Summary Judgmcnt, Affidavits and Exhibits - Filed by M_ Biggerman.

4 ^ ate: u7 us 6 u u i.D :I : I 1 -1 . --

RTR5925 Summary e G et 009 ADV 0144867 Schurowliew, Vera et al Defendant; Schurowliew, Valent

Amount Owed/ Balance Due b. Date of pleadings Filed, Orders and Decrees Amount Dismissed Journal Book-PageNbr Ref Nbr

8 12/23/09 Plaintiff's' Brief in Oppositio to 0.00 0.00 Defendant Valentine Schurowliew's Motion for Summary Judgment filed by Mark W. Biggerman.

r9 12/30/09 Motion to Continue and Stay of Proceedings 0.00 0.00 filed 10-30-09 by Joseph Bancsi - Granted in Part- & Deriied in Part. OSJ. LJG/kob (1 JE) -914-2008 0.00 0.00 30 12/30/09 L'laintif£'s Motion for Extension of the Trial and Case Schedule filed 12-9-09 by Mark W. Biggerman - Granted in Part and denied in part OSJ. LJG/kob (1JE) -914-20U8

81 01/04/10 Answer to Motion to Strike, Request for 0.00 0.00 Reasonable Time to Make Conforming Documentary Changes Required by the Court filed 1/4/2010 by Atty. Stanley Josselson / kob

0.00 0.00 82 01/08/10 Defendant's addition to Witness List Filed by Stanloy Josselson- kob

0.00 0.00 83 U1/11./10 Continued. The following event: Trial scheduled for 01/25/2010 at 9:00 am has been resulted as follows:

Result: Continued Judge: Gallagher, Laura J Location: Courtroom 2

0.00 0.00 84 01/11/10 Hearing Set: Event: Pretrial Date: 04/20/2010 Time: 9:00 am Judge: Gallagher, Laura J Location: CollrtrOom 2

Result: Continued -1003-2009 0.00 0.00 85 01/11/10 Hearing Set: Event: Trial Date: 04/26/2010 Time: 9:00 am Judge: Gallagher, Laura J Location: Courtroom 2

Result: Continued -1003-2009 0,00 0.00 86 01/11/10 Hearing Set: Event: Trial Date: 04/27/2010 Time: 9:00 am Judge: Gallagher, Laura J Location: Courtroom 2

45 :e: 05/U`J/LU1V 1D :G vv cR5925 Summary

J9 ADV 0144867 Schurowliew, Vera et al Defendant: Schurowliew, Valentine G et

and DecreesAmount alance owed/ Balance Due of Pleadings Filed, Ord ers Journal Book-Page-Nbr Ref Nbr Amount Dismissed

0.00 0.00 01/11/10 Hearing Set; Event: Trial Date: 04/28/2010 Time: 9:00 am Judge: Gallagher, Laura J LocatiO Courtroom 2

0.00 0.00 01/11/10 Hearing Set: Event: Trial Date: 04/29/2010 Time: 9:00 am Judge: Gallagher, Laura J Location: Courtroom 2

0.00 0.00 01/11/10 Hearing Set: Event: Trial Date: 04/30/207.0 Time: 10:00 am Judge: Gallagher, Laura J Location: Courtroom 2

0.00 0.00 01/15/10 Reply to Plaintiffs' Arief in Opposition p to Deferidant's Motion for Summary Judgmen t (Faxed to Defondant 1/11/10) by Stanley Josselson. kob-

5.00 5.00 01/20/10 Plaintiff's Motion to Strike Defendant's l il c d Ex Parte Communications to the Court f by Mark W. Biggerman. kob

0.00 0.00 )2 01/25/10 Defendant Valentine Schurowliew's Answer to plaintiffs' Motion to Strike his Cammunications to the Courts Filed by Stanley L. Josselson. kob.

.00 .00 02/05/10 Notice Of Filing of Affidavit D Addendum 3 t to De£eridant's Motion for Sununary Judgm en filed by Stanley Josselson, Esq.

0.00 0.00 94 02/09/10 Notice of Appearance filed, by Mark I3iggermari, F.#sq.

0.00 0.00 02/11/10 Notice of APpearance and Substitution of. 95 . Counsel of William Carlin filed by Mar k W Biggerman, Esq-

0.00 0.00 96 02/12/10 Plaintiff'5 Notice of Submission of Expert Reports filed by Mark W. Biggerman.

5.00 5-00 02/19/10 Motion to Strike Expert Reports and 97 n Prohibit Testimony of Experts and Brie f i Opposition to Expert Report Based on Defendant's MSJ filed by Stanley Josselson, Esq.

.00 .00 8 02/19/10 Plaintiff's Witness List Filed by Mark W. ti Biggerman, Lsq- te: OS/Ob/LU.

'.TR 5 9 2 5 Sununa ry

109 ADV 0144867 Schurowliew, Vera et al Defendant: Schurowlicw, Valentine G et

Amount Owed/ Balance Due Date of Pleadings Filed, Orders and Decrees Amount Dismissed Journal Book-Page-Nbr Ref Nbr.

5 . 00 5.00 02/22/10 Motion to Deem Requests for Admission Admitted filed by Stanley Josselson.

0.00 0.00 00 02/23/10 Plaintiff's Witness List Filed by Mark W. Biggerman, Esq.

5.00 5.00 01 02/25/10 Defendant's Motion for a Protective order with Respect to CV 09 684581 Depositions on 2/24/10 and 3/30/10 filed by Stanley josselson, Esq-

0.00 0.00 .02 03/01/10 Plaintiff's Brief in Opposition to Defendant Valentine Schurowliew's Motion for Protective Order Filed by Mark W. Biggernian, Esq-

0.00 0.00 03/02/10 Notice Of Evidence To Circumvent Discovery L03 Ti.me Limits xn Probat.e filed by Stanley L. Josselson, Esq.

0.00 0.00 104 03/02/10 Defendant's Reply to Plaintiffs' Brief in Opposition to Striking F.xpert. Reports filed by Stanley L. josselson, Esq.

0.00 0.00 105 03/03/10 Plainti.f£'s Brief in Opposition to DefendanL Valentine Schurowliew's Motion to Strike Expert Reports filed by Mark W. Biggerman, Esq.

0.00 0.00 106 03/03/10 Plaintif£s' Brief In Opposition 'Po Defendant Valentine SchurowLiew's Motion to Deem Requests For Admission Admitted and For Sanctions filed by Mark- W. Biggerman, Esg.

0.00 0.00 107 03/12/10 Motion for Proper Execution; Deemed Admiasion of Requests for Admission; Extension of Time; Costs and Atty. Fees. Partial withdrawal of motion for proper execution of interrogatories and requiests for admission Hoard & Denied and Dismissed. (LJE) OS.T. LJG/kob -145-2016 0.00 0.00 108 03/12/10 Plaintiff's Motion to Strike Defend-ant's Ex Parte Communications to the Court filed 1-20-10 is Heard & Granted. OSJ. -143-2016 te: as os zu.u : tTRS92S Summary )09 ADV 0144867 Schurowliew, Vera et al Defendant: Schurowliew, Valentine G et

------Amount Owed/ Balance Due â Date of Pleadings Filed, Orders and eorees Amount Dismissed Journal Book-Page-Nbr Ref Nbr

09 03/12/10 Defendant's Motion to Strike Expert 0.00 0.00 Reports and Prohibit Testimony of Experts. Plaintiff's brief in opposition to defendant Valentine Schurowliew's motion to strike expert reports. Defendant's reply to plaintiffs' brief in opposition to striking expert reports. Reply to plaintiff's brief in opposition to defedant's motion for proper execution is Denied and Dismissed. OSJ. LJG/kob 144-2016 0.00 0.00 .10 03/12/10 Defendant's Motion to Deem Requests for Admission Admitted and Motionfor Sanctions Filed 2-22-10 Plaintiffs' brief in opposition to defendant Valentine Schurowliew's moCion to deem requests for admission admitted and for sanctions is Denied & Dismissed. OSJ. LJG/kob. -142-2016 0.00 0.00 111 03/12/10 'I`he Defendant's Motion for a Protective Order with Respect to CV 09 684581 Depositions On 2/24/10 and 3/20/10 filed 2-25-10 Plaintiffs' brief in opposition to defendant Valentine Schurow].iew's motion for protective order is hereby Denied & Dismissed. OSJ_ LJG/kob -140-201.6 5.00 5.00 112 03/15/1.0 Motion To Delay All Proceedings filed by Stanley Josselson, Esq.

0.00 0.00 113 03/15/10 Notice Of Filing of Cert.ified Copies of Certain Court Documents to Supplement Defendant's Affidavit 0 in his Motion for Summary Judgment filed by Stanley L. Josselson, Esq.

0.00 0.00 114 03/16/10 Plaintiff's Motion to Strike tha_ Motion for Summary Judgment for failure to comply with Ohio Ci.vil Rules 5 and 11 filed 12-21-09 is hereby Denied & Dismissed. OSJ. (1JE) LJG/kob -1143-2013 0.00 0.00 115 03/16/10 P1ainCiffs' Motion to Strike is hereby Denied in part and Granted in part. OSJ. (1JE) LJG/kob

0.00 0.00 116 03/16/10 DefendanC's Motion For Summary .7udgment. filed November 19, 2009 is hereby Denied & Dismissed. OSJ. LJG/kob -1097-2013 0.00 0.00 117 03/16/10 The Motion to Delay All Proceedings filed March 15, 2010 is Denied & Dismissed. OSJ. LJG/kob

0.00 0.00 18 03/16/10 Plaintiffs' Notice of Filing Expert Renorts ,filed by Mar7c W. Bigyerman, Esq. gte: Ub/Uy/LV1V 1o:c,.v 11

RTR5925 Summary

009 ADV 0144867 Schurowliew, Vera et al Defendant: Schurowliew, Valentine G et

o. Date ofPleadi.ngs Filed, Ordersand Decrees Amount Owed/ Balance Due Journal Book-Page-Nbr Ref Nbr Amount Dismissed

0.00 0.00 19 03/16/10 Plaintiffs' Amended Wi.tness List Filed by Mark W. Biggerman, Esq.

5.00 5.00 .20 03/17/10 Motion to Continue Trial Filed by Stanley L. Josselson, Esq.

0.00 0.00 21 03/18/10 â efendant Valentine Schurowliew's Nli.tness List Filed by Stanley Josselson.

5.00 5.00 L22 03/3.9/10 Plaintiff's Motion For Partial Summary JudgmeriC filed by Mark W.Bi9german,Esq.

5.00 5.00 123 03/19/10 Motion to Dismiss 2009 Case ADV 144867 Filed by Stanley Jossclson, Esq..

O,Op 0.00 124 03/29/10 Defendant's Answer to Plaintiff's Reply To Motion To Dismiss filed by Stanley L. Josselson, Esq.

125 03/30/10 Plaintiffs' Brief In Opposition to 000 0-00 Defendant Valentine Sctmrwliew's Motion to Dismiss. Filed by Mark W. Biggerman, Esq-

0.00 0.00 126 03/30/10 Defendant Valentine Schurowliew's Answer To Plaintiffs' Third Motion For Partial Summary Judgment filed by Stanley L. josselson, Esg.

0.00 0.00 127 03/30/10 Plaintiffs' BrieE In opposition To Defendant Valentine Schurowl.iew's Motion To Coritinue Trial fi7.ed by Mark W. Biggerman, Esq.

128 04/06/10 Motion to for Partial Release of4/10/09 5.00 5.00 Restraining Order Fi.led.

0-00 0.00 129 04/13/10 Defendant's response Co pl.aintiff's reply to defendant's Answer to plaintiff's motion for partial summery judgement Filed by Stanley Josselson

5.00 5.00 130 04/13/10 Motion for Plantiffs Reply To Defendents Response To Plantiffs Motion For Partial Summary Judgement Filed.

8.50 8.50 131 04/15/10 Sheriff's Return on Subpoena Yers/Res Service. ate: uD u^ ^,- .,.^. . .. _ ..

RTR5925 Summary

,009 ADV 0144867 Schurowliew, Vera et al Defendant: Schurowliew, Valentine G et

Jo. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due Journal Book-Page-Nbr Ref Nbr Amount Dismissed

0.00 0.00 L32 04/16/10 Continued. The following event: Pretrial scheduled for 04/20/2010 at 9:00 am has been resulted as follows:

Re5Ult: continued Judge: Gallagher, Laura J Location: Courtroom 2

0.00 0.00 133 04/16/10 Continued. The followirig event: Trial schedul.ed for 04/26/2010 at 9:00 ain has been resulted as follows:

Result: continued Judge: Gallagher, Laura J Location: Courtroom 2

0.00 0.00 134 04/16/10 Motion to Continue Trial is Heard & Granted. OSJ. LJG/mcc -333-2016 0.00 0.00 135 04/16/10 Hearing Set: Event: Pr'etrial Date: 05/20/2010 Time: 9:00 am Judge: Ga1].agher, Laura J Location: Courtroom 2

0.00 0.00 136 04/20/10 Motion of Joseph Bancsi for partial release of 4-10-09 restraining order heard & granted. OSJ. LJG./Icob -553-2016 3.00 3.00 137 04/22/10 Certified Copies oE Case Materials

229.50 27.9.S0 Totals By: Cost 0.00 Deposit 100.00 Information 0,00 o.oo *** End of Report ***

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I C:ULS01!;, hIS ,^- CUYAHOGA COUNTY COURT OF COMMON PLEAS PAGE: 1 CMSR5143 APPEARANCE DOCKE"I' DATE: 5/05/2010 TIME: 2:43 PM

V ERA SCIiURO W LIE W, F: F AL, Case No: CV-09-684581 VS VALENTINIE G. SCHUROWLIEW Filing Datc: 02/11/2009

Arbitration Filing Cd: 1350 TOIZ'I-MISCELLANF,OUS Judge:LANCE T MASON 1 Mediation Prior Jnclge: Magistrate: Settlemmit Panel Chair: (X I Notes Status:A Jury Req:Y l 1 Appealed Class; Prayer Amt: Date: Disposition: 02/11/2009 NE W LY FILF.D

Next Action: P'I-F FINAI. PRE-TIZIAL DatelTime: 06/14/2010 09:00

------Fi[e Location ------Natne: DF-ROOM 45 Date: 04727/2010

0064092 BIGGERMAN/MARK/W P 1 SCIiUROWLIEW,VERA CHAGIZIN EXi:CUTIV E. OFFICES (216) 475-5600 29325 CHAGRIN BOU[-EVRD, SUITE 305 4080 PARK FULFON OVAL STE 1034 PEPPER PIKF., OH 44122-0000 CLEVEI,AND, OH 44144-0000

Setviee: 064092 BIGGERMANIMAIZK/W (216) 475-5600 P 2 SC}IUROWI-IEW, ALEX CIIAGRIN EXECUTIVE OFFICI-S 29325 ClIAGRIN BOULEVRD, SUITE 305 4080 PARK FULTON OVAL STE. 1034 PEPPER PIKE, OH 44122-0000 CLF:VELAND, 011 44t44-0000

Serviee: 0025685 .IOSSELSONlSTANLEY/L (216) D 1 SCHUROWLIEW,VALENTINF.G. 1276 WEST TIIIRD S'1'REET 696-8070 SUITIS 411 - MARION BUILDING 4323 LEADING AVE CLEVELANI), OH 44113-0000 CLEVELAND, OH 44109-0000 CERI'IFIED MAIL 02/19/2009 COMP ON PERSON /2009 SUMS COMPLAINT Sewice: JOSEPH02/18 0025450 BANCSI/JOSEPIi/ 2 , (216) 781-0111 D BANSCI GOODWIN0501vIAST BRYAN LDING PERSON REPRESENTATIVE OF ESTATE OF SOFIJASCI K ROAI) 22050 MASTICK ROAD 22FAIRVIEW PAIZK , OH 44126-0000 FAIRVIEW PARK, OH 44126-0000 0025685 JOSSELSON/STANLfiYIL (216) 1276 WES"T TF[IRD STREET 696-8070 SUITI?.411 - MARION BUILDING CLEVF.LAND, OH 44113-0000

CERTIFIED MAIL 04/15/2009 COMP ON (YFHER Service: 04/13/2009 SUMS AMENDED COMPLNT Cost Amount - Docket - Description Code Party Date _ Type ._- - REQUE - C001 P 1 2/11/2009 COMPI:AINT'WITH JURY DEMAND FILED tiERVICF. SR SUMMONS BY CCR"I1FIED MAILTO THE DEFENDANT(S). 26.00 LA P I 2/11/2009 LEGALAID SF 100.00 DEPOSI'I'AMOUNTPAIDMARKWB[GGERMAN SF. RECF P 1 2/l1/2009

u' 1'koWnRE If CUYAI-IOGA COUNTY COURT OF COMMON PLEAS I'AGE: 2 CNISR5143 APPEARANCE DOCKET DA"1'Nlt 5/05/2010 TIME: 2:43 PM CASE: CV-09-684581 3 .00 2111/2009 LEGAL RESEARCH SF LR P I 2111/2009 JUDGE LANCE T N4ASON ASSIGNED (RANDOM) SF 245 2/11/2009 CASE FILED SF INfT 10.00 2/11/2009 COMPU'FER FEE SF CM P 1 25.00 CLERK'S FEE CF P I 2II 1/2009 SF 10.00 2/11/2009 LEGALNEWS SF LN P I 2.00 2/12/2009 WRITF1qE; , CS WRIS I) 1 6.00 2/18/2009 SUMS^COMPLAINT(13341401)SENTBYCF,RTIFIEDMAIL. CRTM D I SR TO: VALLNTINEG.SCHUROWLIEW 4323 LEADING AVE CLEVELANI), OH 44109-0000

/20/2009 CER"I-IFIED MAIL RECEIPT NO- 13341401 R DCP I RE'TURNED BY IJB. MAIL DEI'ARTMENT 02/20/2009 SCHURO WLIE W/VALENTIN E/G. MAIL RECEIVED BY ADDRESSEE 02/19/2009.

1 /24/2009 DI VALENTINEG.SCHUROWI,IEWANSWERAND N EN COUNTERCLAIM. STANLEY L JOSSELSON 0025685

3/25/2009 PLAINTIFF(S) VERA SCHUROWLIEW(PL) and ALEX MO TEXT P SCFIUROWLIEW(P2) MOTION TO DISMISS DEFENDAN'I'S COUNTGRCLAIM AND/OR FOR A DEFINITE STA"I'EMENI.... MARK W BIGGERMAN 0064092 04/09/2010 - GRANTED

3/26/2009 PLAINTIFF(S) VERA SC1lUROWLIEW'(PI) and ALEX MO '1'EXT P SCHUROWLIEW(I'2) MOTION POR LEAVE TO FILE AMENDED COMPLAINT INS'TANTER MARK W I3IGGERMAN 0004092 04/0172009 -GRANTED

3/30/2009 ^UI^TERCpE G.SCHUROWLIEWANSWERAND AN GEN D I COUNTERCLAIM TO THE AMENDED COMPLAINT...... S'TANLEY L JOSSELSON 0025685 .00 4/01/2009 PLAINTIFF(S) VERA SCHUROWLiEW(Pl) an(i ALEX JE JE SCHUROWLIEW(P2) MOTION FOR LEAVE TO FILE AMENDED COMPLAIN"I' INSTANTER MARK W BIGGERMAN 0064092, FILEI) 0326I2009, IS GRANTEI).

CLTMP 0313 1 /2 0 09 NOTICE. ISSUED

4/02/2009 DI VALENTINE G. SCHUROWLIEW BRLEF IN OPPOSITION CO BR GEN D L MOTION TO DISMISS. STANLEY L JOSSELSON 0025685

4/02/2009 Di VALENTINE G. SCIIUROWLIEW NOTICE OF PARTIAL 0'1' CiEN D I DISMISSAL. STANLEY L JOSSELSON 0025685

4/06/2009 INSTRUCTION FOR SERVICE ON AMENDED COMPLAINT SENT SR C08 D 2 BY CERTIFIED MAIL TO JOSEPI I BANSCI PERSON REPRESENTATIV E OF THE STA'FE OI' SOF1J ASCHU RO W LIE W FILED.

4/06/2009 PLAINTIFF(S) VERA SCHUROWLIBW(PI) and AL.EX AC GEN P I SCHUROWLLEW(P2) AMENDED COMPL.AINT..... WITII JURY DEMANDMARK.. W BIGGERMAN 0064092

4/09/2009 PURSUANTTODEFENDANTVALEN'FINESCHUROWLIEWCIVIL JE JE CO pROWAFli CUYAHOGA COIINri'Y COURT OF COMMON PLEAS PAGE: 3 DATE: 5/05/2010 AI'PEARANCEDOCKET CMSRSI43 'PIME: 2:43 1'M CASE: CV-09-684581 --- __ RULE 41 NO fICE OF DISMISSAL COUNT THREE OF TI: COUNTERCLAIM I OR MALICIOUS PROSECl1TION, ONLY, IS DISMISSED WITHOUT PREJUDICE. ALL OTHER CLA[MS REMAIN PENDING.

CLTMI' 04l07/2009 NOTICE ISSUED

CS WRIS D 2 4/10I2009 WRI'fFEE 2.00 MO TEXT P I 4I10/2009 Pl VERA SCNUROWLIEW MOT10N FOR LEAVETO FILE REPLY BRIEF TO DEFT:S BRIEF IN Ol'POSITION TO PCfFS' MOI'ION TO DISMISS DEFT'S COUNTERCLAIM INSTANTER MARK W 131GGERMAN 0064092 07/ i 4/2009 - GRANTED

SR CR'FM D 2 4/13/2009 SUMS AMENDED COMPLNT(13617254) SIiNT BY CERTIFIED 6.00 MAl L. TO: JOSEPH BANSCI 22050 MASTICK ROAD FA[RVIlriW'PARK, OH 44126-0000

SR GDCO D 2 4/17/2009 CERTIFIED MAIL ItECEIP7' NO. 13617254 RETURNED BY U.S. MA1L DEPARTMENT 04/16/2009 BANSCI/JOSEPI1l MAIL RECEI V E'D AT ADDRESS 04/15/2009 SIGNED BY OTHER.

SR PCRD 4/17/2009 SCHEDULEi ATTORNEY NOTICE. NOTICE GENERATED FOR 0.30 JOSSELSON/STANLEY/L ON 04/17/2009 17:00:58

SR PCRI) 4/17/2009 SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR 0.30 BIGGERMAN/MARK/W ON 04/l7/2009 17:00:58

SR PCI2D 4/17/2009 SCHEDl1LEAlTORNEYNOTICE.NOTICF:GENERA'fEDFOR 0.30 BANSCI/JOSFPH/ ON 04/17/2009 17:00:58

SC 11001 4/17/2009 CASE MGMNT CONFERENCE SET FOR 06/08/2009 AT 09:30 AM. THIS CASF. IS SET FOR A PRETRIAL CASE MANAGEMF,NT CONFERENCE. COUNSEL FOR PLAINTIFF(S) SHALL 1NF'ORM ALL OPPOSING COUNSEL AND/OR PRO SE PARTIES OF THIS DATF. AND TIME. COl1NSEL FOIZ ALL PARTIES ARE REQUll2ED TO 13E PRESFNT IN PERSON ANDTO BE: FAMILIAR WITIi'fHE UNDERLYING FACTS OF THE CASE. PARTIES N(7f REPRESENTED BY COUNSEL SHALL LIKEWISE 13E PRESENT IN PERSON. FAILURE OF ANY OF THE AFOREMENTIONED PERSONS TOAPP$A12 AT THIS PROPLRLY SCI IF.DULED PRF;TRIAL. CASE MANAGEMENP CONFERENCE MAY RE.SULT IN SANCTIONS INCLUDING THE I'OSSIBLE DISMISSAL OF THE CASE AND/OR JUDGEMENT BEING RENDERED.

[F A CON1'INUANCE IS SOUGHT FOR ANY REASON, PLEASE I'lLE 'I'HE APPROPRIATE MO7'ION, AT LEAST SEVEN DAYS BEFORE THE SCHEDULED EVENT; DO NO'T CALL THE COURT, DA] ES CANNOT BP-, CONSIDERED FOR CONTINUANCE, UNLESS A MO91ON I-IAS BEEN DOCKETED AND HAND-DELIVERE'D TO TFIE COURT.

MO "I-EXT D I 4/29/2009 DI VALENTINE G. SCHUROWLIEW MOTION FOR SANCTIONS STANLEY L JOSSELSON 0025685 07/14/2009 - DENIED

OT GEN D 1 4/30/2009 DI VALENTINE G. SCHUROWI.,IE;W WITNESS LIST. STANLEY L JOSSELSON 0025685

BR GEN P 1 5/04/2009 PLAINTIFF(S)VERASCHUROWLIEW(Pl)andALEX

f) PROIVdFE 51 CUYAHOGA COUNTY COURT OF COMMON PLEAS PAGE: 4 APPEARANCE DOCKET CMSR5143 DATE: 5/05/2010 TIME: 2:43 PM CASE: CV-09-684581 ____ SCHUROWLIEW(P2) BRIEF IN OPPOSITION TO DEFT VALEN'1'INE SCHUROWLIEW'S MOPION FOR SANCTIONS. MARK W BIGGEitMAN:0064092

6/0212009 DlVALENTINEG.SCHUROWLIEWMOTIONFORCONTINUANCE TEXT D 1 MCl STANLEY L JOSSELSON 0025685 06/05/2009 - GRANTED

6/04/2009 CASE MGMNT CONFERENCE SET FOR 07/13/2009 AT 11:15 AM. SC 11001 (Notice Sent). 8.00 6/05/2009 DI VALENTINE G. SCHUROWLIEW MOTION FORCCINTINUANCE ,R', JE STANLEY i.. JOSSEL.SON 0025685, FILED 06/02J2009, IS GRAN`I'ED. POIi GOOL) CAUSE SHOWN DEFEM)ANT'S MOTION TO CONTINUE THE CASE MANAGEMENT CONFERENCE SCHEDULED FOR JUNE 8, 2009 IS GRANTED.

CLPAL 06/04/2009 NOTICE ISSUED

TEXT D l 7/10/2009 Dl VALENTINE G. SCHUROWLIEW MOTION FOR CONTINUANCE MO STANLEY L JOSSELSON 0025685 07/15/2009 - DENIED AS MOOF

TEXT D I 7/13/2009 Dl VALENTINE G. SCHUROWLIEW MOTION TO CONSOLIDATE MO STANLEY L JOSSELSON 0025685 07/30/2009 - DENIED 8.00 7/14/2009 CASE MCrMNTCONFERENCE IIELD ON 07/13/2009. JI's JE DISCOV$RY CUT-OFF IS 09/11/2009. PLAINIIFF'S EXPERT REPORT DUE 09/11/2009. DEFENDANT'S EXPER"I' REPORT DUE 10/12/2009. PRETIiLAL SEF FOR 10/13/2009 AT 10:00 AM.

CLFMP 07/13/2009 NOTICE ISSUED 8.00 JE 7/14/2009 Dl VALENTINE G. SCIR.IROWLIEW MOTION FOR SANC:PIONS JE STANLEY L JOSSELSON 0025685, FILED 04/29/2009, IS DENIED.

CLTMP 07/13/2009 NO'1'ICE ISSUED 8.00 JE 7/14/2009 PIVERASCHUROWLIEWMOTIONFORLEAVETOFILEI2EPLY JE BRIEF TO DEFT'S BRIEF IN OPPOSITION TO PLTFS' MOTION TO DISMISS DEFT'S COUNTERCLAIM INSTANTER MARK W BIGGER'v[AN 0064092, FILED 04/10/2009, IS GRANTED.

CLTMP 07/13/2009 NOTICE ISSUED 8.00 JE 7/15/2009 Di VALEN'1'INEG. SCHUROWLIEW MOTION FORCONTINUANCE JE SI'ANLEY L JOSSELSON 0025685, FILED 07/10/2009, IS DENIED AS MOOT.'1'I IE COURT HAS ISSUED A PAR ITAL CASE MANAGEMENT ORDER WITH DATES FOR DISCOVERY DEADLINE(S), EXCHANGE OF EXPERT REPOR'I'S, AND A l'RE"PI3VALA"I E.

CLTMP 07/14/2009 NO'PICE ISSUED

fEXT D I 7/16/2009 Dl VALENTINE G. SCNLIROWLIEW MOTION FORJUDICIAL MO NOTICE STANLEY 1, JOSSELSON 0025685 09/14/2009 - DENIED

GEN D 1 7/21/2009 DI VALENTINE G. SCHUROWLIEW NOTICE OF INCOMPLETE O"f FILING OF PROBATG COURT DOCUMENTS IN MOTION FOR JUDICIAL NOTICE. S'CANLEY L JOSSELSON 0025685

i; PAOIY'ARP, CUYAHOGA COUNTY COURT OF COMMON PLrEAa PACI?.: 5 CMSR5143 APPEARANCE DOCKET DA'tEc 5/05/2010 TIME: 2:43 PM CASF'.: CV-09-684581 DEFT GEN P 1 7/2 1/2009 OIAL NOTICB. BR VALENTINE SCRfUROW1 ^ W S MO ION FOR JUDICIAL MARK W BIGGE.RMAN 0064092 PI VERA SCHUROWLIEW BRIEP IN OPPOSITION TO DEF'I' 7/21/2009 CONSOLIDATE. BR GEN P 1 VALENTINE SCHUitOWLIEW'S MOTION TO MARK W BIGGERMAN 0064092

GEN D I 7/22!2009 AN ^pP( SIT30NNY0 DEFTS MOTION TO CO SOLIDA'I HrST'ANLEY L. JOSSELSON 0025685 '..^ ., .. IFY DI VAL ENTINE G. SCHUROWLIEW MO'FION TO DISQUAL 7/22/2009 N 0025685 MO TEXT D 1 A-ITNY BIGGERMAN STANLEY L JOSSE'LJ 09/14/2009 - DENIED PLAINTIFF(S) VERASCHUROWLIEW(Pt) and ALEX 7/27/2009 DEP1' VALEN'CLNP. BR GEN P l SCIIUROWLIEW(P2) BRIEF IN OPPOSITION TO SCHUROWLIEW'S MTN TO DISQUALIFY ATTORNEY BLGGERMAN. MARK W BIGGEI2MAN 0064092

7/29/2009 DEPO OF RALPII ZARNICK TAKEN JAN 20, 2009 FILED OT GENI P I 8A(1 7I30/2009 DENF .D JE JE ^I'ANIEY 1- JUSSE SON (1025(8^5,SFILFD 0 07N31 0(l9^ S^ FJ

CLTNIP 07/28/2009 NOTICE ISSUED P2 ALEX SCHUROWLIEW REPLY l'O PLAINTIFF'S BRIEF 7I30/2009 OT GEN P 2 AGAINST AL. NO"I'ICE IN1B(1TH COURTS, MARK W BIGC',ERMAN (JR 0064092

7/3012009 OF GEN D I UPP SIT ^NN n DEFTSJMTN TO DISQUAL FY!STANLEY LF IN JOSSELSON 0025685 ...... 7/3 112 0 09 PIVERASCHUROWLIEWMOTIONFORSANCTIOVS.. MO TEXT P I MARK^ W BIGGERMAN 0064092 09/14/2009 - DENIED DI VALENTINE G. SCHUROWLIEW MOTION TO ALLOW MORE 8/13/2009 SELSON 0025685 MO TEXT D I THAN 40 TNTERROGATORIF.S STANLEY 1, JOS 08/26I2009 - DENIED DI VALENTINE G. SCHUROWLIEW RESPONSE TO PLAINTIFFS' 8/13/2009 SELSON 0025685 OT GEN D I MOTION FOIt SANCTIONS. STANLEY L.IOS 8.00 HEARING SET FOR 09/ 10I2009 AT 09:00 AM. 811 912 0 09 NC'11ONS SIIALL BE JE JE HEARING ON PLAINTIFF'S MOTION FOR SA JIEARD IN COURTROOM 16C BEFORE JUDGE LANCE'T. MASON. COUNSEL FOR DEFENDAN'I' AND DEFENDAN"I' SHALi. TO APPEAR SHAL OLN RE JLT IN TI IE MPOS'[T ONIOP SANCTIONS.

CLPAI. 0811 912 0 09 NOTICE ISSUED 8/21/2009 PLAINTIFF(S) VERA SCHUROWLIEW(PI) and ALEX SCHURO W LIE W(P2) BRIEF IN OPPOSITI ON 'TO DEFT FAI.ENTI N E BR GEN P 2 40 SCHUROWLIEW'S MTN TO ALLOW MORE 'I'HAN IN'TERROGATORIES. MARK W BIGGERMAN 0064092

8/26I2009 DI VALENTINE G. SClIUROWLIY:W NIOTION'1'O ALLOW, MORE 8.00 ANLEY LJOSSELSON 0025685 JE JE THAN-40^ITITERROGA'IORIES 5 'l' FILED 08/1312009, IS DENIED A 'C TI{IS TIME. s CLPAL 08/26/2009

I PROWdAL CUYAHOGA COUNTYCOU12T OF COMMON PLNEAN PAGE: 6 CM5R5143 API'EARANCl3 DOCKE:C DATE: 5/05/2010 TIME: 2:43 PM CASE: CV-09-684581 ------NOTICE ISSUED

8/28/2009 DI VALENTINE G. SCHUROWLIEW MOTION TO THE COURT'CO MO TEXT D I ALOW I3ETWEEN 40 AND 60 1NTERROGATOI2IES.._ ...... STANLEY LJOSSELSON 0025685 09/02/2009 - WITIIDRAWN

8/31/2009 OT GEN D 1 BETWEEN40 A D 60I{N !E ROGAT'ORIES ST^ NLPS LVI1 N FOR JOSSELSON 0025685 8.00 9/02/2009 Dl VALENTINE G. SCIIURO WLIEW MOTION TO THE COUR"I' TO JF, JE ALOW BETWEEN 40 AND 60 ENTBRROGATORIES...... _. STANLEY L JOSSELSON 0025685, F1LED 08/28/2009, IS WIPHDRAWN.

C:LPAL:09/01/2009 NOTICE ISSUED D2 JOSEPI I Bi^NSCI ANSW@R, COUNTERCLAIM AND CROSS I10I2009 N iEN 2 CLAIM Cy}-JO$EPH BANCSI, ADMINISTRATOIt OF THE F.STATE OF SOFIJA SCHUROWLIEW, DECEASED INSTANTP.R..(W). JOSEPH BANCSI 0025450

9/10/2009 MO TEXT D 2 VAti NTINEG tiCHUROWLIEW(t(W)JOSFI'HBANCS'I00 5450 09/14/2009 - DEN IED 8.00 9 14 2009 i'ILED J E JE ATTNY BICG LRMAN STAOW Y L J( SSEI,SON 0025685'ALIFY 07/22/2009, IS DENIED. DI VALENTINE G. SCH URO W LIE W MOTION FOR JUDICIAL NOTICE STANLEY L JOSSEI SON 0025685, FILED 07116/2009, IS DENIED.

CLCCC. 09/10/2009 NO'1'ICE. ISSUED 8.00 9/14/2009 Pi VERA SCHUROWLIEW MOTION FOR SANCTIONS ...... JE JE MARK W BIGGERMAN 0064092, FILED 0 7131 /2 0 09, IS DENIED. TIiE COURT WOULD BE W I LLING TO REVISIT MOTION FOR SANCTIONS IN TfIE FUTURE IF DEFENDANT FILES ANY FRIVOLOUS MO'1'ION(S). TI IE COURT AT THAT TIME. SHALL I IOLD A HEARING ON DAMAGE,S. D2 JOSEPtI BANSCI MOTION FOR SANCTIONS AGAINST DEFT, ...(W) JOSEPH 13ANCSI 0025450, VALENTINE G. SCHUl2OWLIEW F'ILP.D00i0/2009, IS DENIED.

CLCCC 09/10/2009 NOTICE ISSUED

AN GEN D 1 9/16/2009 DI VALENTINE G. SCHUROWLIEW ANSWERTO COUN1'ERCLAIM AND CROSS-CLAINI. STANLEY LJOSSELSON 0025685 8.00 JE JE 1 0/1 412 0 0 9 I'RE=1'RIAL HELD ON 10/14/2009. DISCOVERY IS ONCrO1NG. PL.AINTIFF AGREES TO PROVIDE REtSPONSES1'O DEFENDAN'ES IN'CERROGAI'ORIES, REQUEST FOR ADMISSIONS, AND REQUEST FOR DOCUMENT PRODUCTION NO LATER THAN NOVEMI3ER 2, 2009. PLAINTIFF'S EXPERT REPORTDLIL: 12/01/2009. DEFENDANT'S EXI'ERT REPORT DUE 01/15/2010. l'HLRD PARTY DEFENDANT SHALL SUBMIT HIS EXPERT REPORT NO LALER THAN 01/29/10 . DISPOSITIVE MOTION TO BE FILED BY 03/0112010. RESPONSE DUE PERLOC.R. I COPIES OF ALL DISPOSITIVE MOTIONS AND BRIEFS .ARE TO 13E. PROVIDED TO THE COLJRT UPON FILING. FINAL PRETRIAI. SET FOR 05/18/2010 AT 10:00 AM. ALL PARTIES,

S PRO{V IRE CUYAHOGA COUNTY COURT OF COMMON PLEAS PAGE: 7 CMSIZ5143 APPEARANCE DOCKET DATE: 5/05/2010 'I'[ME: 2:43 PM CASE: CV-09-684581 LEADCOUNSEL AND ADJUSTERS SHALL PERSONALLY APPEAR AT 'I'HE F I NALPRETIZIAL W[TH FULL SETTLEMEN'T AU'1'HORfI'Y. FAILURE TO APPEAR AS ORDERED MAY RI;SUCI' IN SANCTIONS INCLUDING DISMISSAL AND/OR JUDGMENT. JURY TRIAL SET FOR 06/14/2010 AT 09:00 AM. ALL PARTIES ARB "I'O SUBMITl'O TI-IE COURT TRIAL BIIIEF, WITNPSS LIS'I'S, JURY INSTRUCTIONS, MO'TIONS IN LIMINE, AND STIPULATIONS 10 DAYS BEFORE TIiE TRIAL. COURTESY COPIES TO BE DELIVERED TO THE COURT UPON FILING.

CLPAL 10/13/2009 NOTICE TSSUED

C BANCSI EPH0025 BA MO TEXT D 2 10/30/2009 DCWI'CHPROCEEDINGS PItO ^ S^D OIItDti JO3 1 11/16/2009-GRANTEDINPART

MO TEXT P 11/02/2009 PLAINTIFF(S) VERA SCHUROWLIEW(PI) and ALEX SCIIUROWLiEW(P2) MOTION FOR AN EXTENSION OF TIME TO RESI'OND'TO DEFT V,ALENTINE SCHUROWLIEW'S DISCOVERY REQUESTS MARK W BIGCk;RMAN 0064092 11/10/2009 - GRANTEI)

JE 11/10/2009 PLAINTIFF(S)VERASCHUROWLIEW(1'I)ANDALE'X 8.00 JE SCHUROWLIEW(P2) MOTION FOR AN EXTENSION OF TIME't'O RESPONDTO DP-,FT VALENTINE SCHUROWLIBW'S DISCOVERY REQI)ES`(*uNtARK W I3IGGEIZMAN 0064092, FILED 11I02/2009, IS GRANTED. PLAINTIFF MAY SUBMIT RESPONSES TO DEFENDANT'S REQUFST FOR DISCOVERY BY NOVEMBER 9. 2009.

CLl'AL 11/04/2009 NO77CEISSUED

MO TEXT D l 11/13/2009 Dl VALENTINE G. SCHUROWLIEW MOTION FORPROPER EXECUTION;DEI-:MED ADMISSION OF RF.QUES'TS FOR ADMISSION;COS'TS AND A'CfORNEY FEES STANLEY L JOSSELSON 0025685 12/0412009 - DENIED

SC CANA 1 l/13/2009 FINAL t'RE-TIZIALSCHEDULED FOR 05/18/2010 AT 10:00 AM IS CANCELLEI).

SC 11001 11/13/2009 FINAL PRE-TRIAL SET FOR 06/14/2010 AC 09:00 AM. (Notice Scnt).

SC CANA 11/13/2009 '1'RIAL BY JURY SCHEDULED FOR 06/14/2010 AT 09:00 AM IS CANCELLED. SC 11001 11/13/2009 TRIAL BY JURY SET FOR 07/21/2010 Af 09:00 AM. (Notice Senl). 8.00 JF, JE 1 l/76/2009 D2 JOSEPH BANSCI MTN TO CONTINUE AND STAY OF PROCI;EDINGS WITH PROPOSED ORDER JOSEPH BANCSI 0025450, FIh.E^D10/30/2009, IS GRANTED IN PART. MOIION TO STAY ISDh:NIED THE COURT SIIALL EXTEND ALL PRP,VIOUSLY SCHEDULED DA'TES AS FOLLOWS: DISCOVY:RY SHALI. CONTINUE'FO BE ON-GOING. PLAINTIFF'S F:XPEIZ'T REPORT SHAI,L BE DUE: 12/30/09. DEFENDAN7"S EXPERT REPORT S11ALL I3F: DUE: 01/29/10. THIRD PARTY DEFENDANT'S REPORT SHALL BE DUE: 03/01110. DI SPOSITI V E MO'fION SHALL BE DUE: 04/01 / 10. BRI F.FS IN OPPOSITION SHALL BE FILED Wl7HIN LOCAI- RULE 11. FINALPIZETRIAL SIIALL BE 06114/ 10 AT 9AM. JURY TIZIAL SHALL BE ON : 07/21/10 AT 9AM.

CLPAL 11/13/2009 NOFICE (SSUED 515 la PHO:VARE CIJYAHOGA COUNTY COURT OF COMMON PLEAS PAGE: 8 CMSR5143 APPEA2ANCE DOCKET DA'TE: 5/05/2010 TIME: 2:43 PM .._.. CASE: CV-09-684581 ----..- 11/16/2009 DI VALENTINE G SCHUROWLIEW I'ARTIAL WITHDRAWAL OF OT GEN D 1 MOTION FOR 1'ROPER EXECUTION OF IN"1"F;RROGATORIF,S AND REQUESTS FOR ADMISSIONS, ETC., ONLY WIT1-1 RESPECI' TO PROPER EXECUTION ...... STANLEY L JOSSELSON 0025685

AF GENI D 1 11/24/2009 AFFIDAVIT D,PART 1 11/2412009 DF:FT. AFFIDAVYI' D,PART 2 AF GEN1 D I 11/24/2009 Pl VERASCIiUROWLdEW BRIEF IN OPPOSITION TO DEFENDANT BR GEN P 1 VALEN77NC , SCHUROWLIEW'S MO"I'ION FOR PROPER EXECUTION; DEEMETJ ADMISSION OF REQUESTS FOR ADMISSION; EXTENTION OF TIME AND A"CTORNEY FEES. MARK W BIGGERMAN 0064092

11/24/2009 DI VALENTINE G. SCHUROWLIEW MOTION FOR SUMMARY MO TEXT D I JUDGMENT WITH AFFIDAVITS A,B,C STANLEY I. JOSSELSON 0025685 8.00 12/04/2009 Dt VALENTINEG.SCIIUROWLIEWMOTiONPORPROPER JE JE XECUTION;DEEMED ADMISSION OF REQUESTS FOR ADMISSION;COSTS AND ATTORNEY FEES STANLI'.Y L .IOSSEI„SON 0025685, FILED 1l/I3f2009, IS DENIED.

CLPAL 1 210 2/2 0 0 9 NOTICE ISSUED REPLY OT GEN D 1 12/08/2009 Q^^^ nSIT0OT ( DEFTS,MOTION`FOR PROPI(li XEC(1TON. IN 5'LANLEY L JOSSELSON 0025685

12/10/2009 Dl VALENTINE G. SCHUROWLIEW MOTION FOR RECONSIDERA'FION OF DENIAL OF DEFT'S MOTION FOR ADMISSIONS TO BE DEEMF.D ADMITTED, ETC. S"FANLEY L JOSSELSON 0025685 12122I2009.- DENIED

12/14I2009 Dl VALENTINE G. SCHUROWL,IEW COMMUNICATION FROM A'1TORNEY STANLEY JOSSEL-SON ACKNOWLEDGING RECEIPT OF PLTFS' BRIEF IN OPPOSITION. STANLEY L JOSSELSON 0025685

12/17/2009 PLAINTIFF(S) VERA SCHUROWLIEW(Pl) and ALEX SCHUROWLIEW(P2) MOTION FOR SANCTIONS.....(W).... MARK W BIGGERMAN 0064092

l2/17/2009 PLAINTIFF'(S) VERA SCIIUROWLIEW(1'1) and ALEX SCHUROWLIEW(i'2) BRIEF LN OPPOSI"1'ION TO DEFT. VALFNTINE. SCHRU W LIE W'S MOTION FOIL RECONSI DERATION...... (W)...... MARK W BIGGERMAN 0064092

12i21i2009 PLAINTIFF(S) VERA SCHUROWLIEW(PI) and A1,EX SCIIUROWLIEW(P2) MOTIONTO STRIKE DEFT'S MOTION FOR SUMMARY JUDGMENT, AFFIDAVITS AND EXIIIBITS..... MARK W BIGGERMAN 0064092

12J21/2009 PLAINTIFF(S) VERA SCHUROWLIEW(P 1) and ALEX SCHUROWLIF.W(P2) MOTION FOR EXTENSION OF THE TRIAL AND CASE SCHEDULE ...... MARK W BIGGERMAN 0064092 8.00 12i22/2009 Dl VALENTINE G. SCl-iUROWLIEW MOfION FOR JIi JF; RECONSIDERATION OF DENIAL OF DEFT'S MOTION FOR ADMISSIONS'1'O BE DEEMED ADMI7TED, ETC. STANLI-iY L JOSSF;LSON 0025685, FILED 12/10/2009, IS DENIED.

CLI'AL 12/l8/2009 NOTiCE ISSUEI)

1 2 /2212 0 0 9 DI VALENTINE G. SCHUROWLIEW RESPONSE TO BRIEF IN OPP. OT GEN D 1 sfp pROli'ARG CUYAI3OGA COUNTY COURT OF COMMON PLEAS PAGE: 9 CMSR5143 AI'I'EARANCE DOCKET DATE: 5/05l2010 T'IME: 2:43 PM CASE: CV-09-68458L' _-_. .-- TO RECONSIDERATION ...... STANLL:Y L JOSSELSON 0025685

12/22/2009 D1 VALENTINE G. SCHUROWLIEW ANSWER ...... STANLEY D 1 AN GF;N L.JOSSELSON 0025685

12/2312009 1'I VERA SCHUROWLIEW BRIEF IN OPPOSITION TO DEFENDANT BR GEN P 1 VALENTINE SCHUROWLIEW'S MOTION FOR SUMMARY JUDGMENT. MAI2K W BIGGERMAN 0064092

12/29/2009 DEFENDANT(S)VALENTINEG.SCIIUROWLIEW(DI)andJOSEPH CM GEN D 2 BANSCI(D2) COMMUNICATION TO JUDGE MASON STATING THAT DEFTS IiAVE COMPLIED WITH THE REQUIREMENTS OF SERVICE ON PLTFS.STANLEY LJOSSELSON 0025685

2/30/2009 Dl VALENTINE G. SCHUROWLIEW LE"FTERTO JUDGE LANCE M E:N I MASON. STANLEY L JOSSELSON 0025685

DIVhLCNIINEG.SCHUROWLIEWANSWERTOMTNTOSTRIKF:; 1I04/2010 AN GEN D 1 REQUEST FOR R EASON ABLE TIME "1-0 MAKE CONFORMING DOCUMENTARY CHANGES REQUIRED BY'FHE COURT. STANLEY L JOSSELSON 0025685

DI VALIiNTINE G. SCHUROWL.IEW ADDITION "1'O WITNESS LIST. 1 /08/2010 T EN STANLEY L JOSSELSON 0025685

1/13/2010 DEFENDANT(S) VALENTINE G. SCHUROWLIE.W(DI) and JOSEPH CM GEN D 2 BANSCI(D2) COMMUNICATION'L'O JUDGE MASON. STANLEY L JOSSELSON 0025685

DI VALENTINEG. SCHUROWLIEW REPLY'1'O PLTFS' BRIEF IN i/I5I2010 O-l GEN D I OPPOSITION TO MOTION FOI2 SJ (FAXED TO DEI F 1-11-10). STANLEY L JOSSELSON 0025685

1/20/2010 PLAIN"11FF(S)VERASCHU12OW1dEW(PI)andALEX MO TEXT P 2 SCHUROWLIEW(P2) MTN LO STIIIKE DEFTS EX PARTE COMMUNICAITNS TO TlIE COURT MARK W BIGGF.RNIAN 0064092 TION 1 1/22/2010 AN GEN D ^O STRIKETHIS COM,MUN C ATIONS TOS T HE COLJRTS STANLEYMOANL L JOSSELSON 0025685

2/05/2010 DI VALENTINE G. SCHUROWLIEW NO'17CE OF FILING OF D 1 OT GP.N- AFFIDAVIT DADENDUM TO DBFT'S M'IN FOR SUMNIAI2Y JUDOMENT. STANLEY L..IOSSELSON 0025685

. 2.00 2/09/2010 SUBPOENA FOR: MARION ALL.IE SR SUBP P I 2.00 2/09/2010 SU73POENA FOR: MILLIE BRADY. P I SR SIJBP 2.00 SUBPOENA FOR: ARLTNE DOVIL.L.A.(CUYAHOGA COUNTY SUBP P I 2/09/2010 SR SHERIFF DID NOT SERVE NOT IN COUNTY) 2.00 2/09/2010 SUBPOENA FOR: JOHN IIICKEY, ESQ.. SR SUBP 1' 1 'I HE CLEVELAND 2.00 P 1 2/09/2010 SU13POENA FOR: ML'RAT SULEIMANOV, SR SUBP CLINIC FOUNDATION _ 2.00 SUBPOENA FOR: IRINA PROTSYK. SUBP P 1 2/09/2010 SR 2.00 SUBPOENA FOR: PETERHOMIK. (CUYAHOGA COUNTY SHERIFF P I 2/09/2010 SR SLJBP DID NOT SERV E- NOT IN COUNTY) 2.00 SUBPOENA FOR: STEVEN WAGNER, ESQ., PAYNTERAND P 1 2/09/2010 SR SUBP KOHLER. 2.00 P 1 2/09I2010 SUBPOENA FOR: CINDY ZDINAK. SR SUBP 'I' F'ORCOUR'I 'CO D I 2/11/2010 Dl VALENTINE G. SCHUI2OWLLEW REQUES RE GF.N 57 'o PROWARE .. . .., ., . - CUYAHOGA COUNTY COURT OF COMMON PLEAS PAGE: 10 AI'PEARANCE DOCKEI' CMSR5I43 DA'fE: 5/05/2010 TIME: 2:43 PM CASE: CV-09-6845$I RULE', ON MOTION OR SCHEDULE 1 IWRING ON MOTION .... STANLEY I. JOSSELSON 0025685 2.00 SUBP P I 2/17/2010 SUBPOENA FOR: ARLINE DOVILLA SEN] CERT VIA MEDINA SR COUNTY SHERIFF 7001 2510 0005 6681 757 3 . 2.00 SUBP P 1 2/1712010 SUBPOENA FOR: PETF.R HOMIK SENT CERT VIA SUMMIT SR COUNPY SIIERIFF 7001 2510 0005 6681 7566, 5.00 DEPOSIT AMOUN"L PAID MARK W BIGGERMAN SF RECf P 1 2/17/2010 DEPO P 1 2/17/2010 DE;[IOSIT REQUIRED FOR SUMMI'1' COUN'1'Y SHERIFF SERVICE SF SUBPOENA PETER HOMIK $5.00 MARK W BIGGERMAN

DEPO P 1 2/17/2010 DEPOSFI' REQUIRED FOR MEDINA COUNTY S] IF.RIFF SERVICE SF SUBPOENA ARLINE DOVILLA $5.00 MARK W 13IGGERMAN 5.00 DEPOSIT AMOUNT PAID MAItK W BIGGERMAN SF RECT I' 1 2/17/2010 16.50 CUYAHOGA COUNTY SHERIFF DEPT FEB. 10, 2010 SERVED 5018 p I 2/17/2010 : SH SUBPOENA ON STEVEN WAGNER, ESQ. AS FOLLOWS PE;RSONAL SERVICE SERVICE FEE $16.50 26.50 SO18 p I 2/17/2010 CL7YAHOGA COUNTY SIIERIFF DEPT FEB. 10, 2010 SERVF.D SH SUBPOENA ON: CINDY ZDINAK AS FOII. OWS : CARE OF IICSBANU, JG?]IN ZDINAK SERVICE FEE $26.50 9.50 CUYAFIOGA COUNTY SHERIFF DEP7' FEB. 10, 2010 SF:RVED 5018 P 1 2/18/2010 . Sht SUBPOENA ON: MURAT SULEIMANOV, THE CLEVELAND CL INIC FOUNDATION AS FOLLOWS: C/O SF,CURITY SERVICE FEE $9.50 10.50 SO18 P 1 2/18/2010 CUYAHOGACOUNTYS]1bTtIFFDE.I'TFEB.10,2010SERVED SH SUBPOENA ON: IRINA PROTSYK AS FOLL OWS: LEFT AT RESIDENCE SERVICE FEE $10.50 11.50 5018 1' I 2 /1 8120 1 0 CUYAHOGA COUNTY SHERIFF DEPT FEB. 10, 2010 SERVED SH SUBPOENA ON: JOIIN HICKEY ESQ AS FOLLO WS: BY PERSONAL SERVICE SERVICE FEE $11.50 11.50 S018 P 1 2/18/2010 CUYAHOGA COUNTY SHERIFF DEPT FEB. 10, 2010 SERVEI) SH SUBPOENA ON: MILLIE BRADY AS FOLLO WS : BY HANDING TO JOHN HICKEY ESQ. SERVICE FEE $11.50 10.50 2/18/2010 CUYAIIOGA COUNTY SHERIFF DEPT FP.B. 11, 2010 SERVED : S}I 5018 P I SUBPOENA ON: MARION ALLLE AS FO LLOWS PERSONAL SERVICE SEI2VICE FEE $10.50 5.98 CER7'IFIED MAIL NUMBER: 7001 2510 0005 6681 7566 ADDRESSED CMN P 1 2/23/2010 . . SR TO SUMMIT COUNTY SHl?diIFF REl 'URNF,D BY TI IE U S POSTAL SERVICE ON 02/23/2010 SIGNED BY OTHER ON 02/22/2010 MAIL FEE: $5.98

TFXT D 1 2/25/2010 DI VALENTINE G. SCIIUROWLIEW MO7'ION PORA PROTECTIVE MO ORDER WITH RESPECP TO 3-30-10 AND 02-2 4- 10 DEPOSI'FIONS ...... STANLEY L JOSSELSON 0025685 03/30/2010 - DENIED 5.98 CERTIFIED MAIL NUMI3ER: 7001 2510 0005 6681 7573 ADDRESSED CMN P 1 2/25/2010 . SR 'PO MP;DFNA COUNTY SHERIFF RETURNED BY 'I'HE U . S POSTAL SERVICE ON 02/25/2010 SIGNED BY O"THER ON 02/22/2010 NWIL FEE: $5.98

PLAINTIFF(S) VERA SCHUROWLIEW(Pl) and ALEX GEN P 3/01/2010 . BR SCHUROWLIEW(P2) BRIEF IN OPPOSITLON TO DEFT VALENTINE SCHUROWL.IEW S MOTION FOR PRO'I'ECTIVE ORDER.... MARK W BIGGERMAN 0064092 s 3UPNOwdRE CUYAHOGA COUNTY COURT OF COMMON PLLAS PAGE: I I CNISR5143 APPEARANCE I)OCKET DATE: 5l05/2010 'I 'IME: 2:43 1'M CASE: CV-09-684581 _-- --- 37.00 MEDINA COUNTY 9IIERIFF DEPT SERVED ARLINE DOVILLA SH S052 P I 3/02/2010 318 1685 STONEYBItOOK LANE, APT. BRUNSWICK, OHIO 44212 BY POSTING AT RESIDENCF. SERVICEFEE'f:37.00 61.64 SUMMI'I COONTY SFIERIFF DEPT SERVED PE: fER HOMIK SH S077 P 1 3/02/2010 11720 W. VALLEYVIEW R. SAGAMOREHILLS, OHIO 44067 SERVICE FEE $61.64

3/02/2010 DI VALEN'I'iNE. G. SCHIIROWLIEW REPLY'LO PLT'FS BRIEF IN OT GEN D 1 OPPOSITION TO PROTE,CTIVE ORDER. STANLEY L JOSSELSON 0025685

3/15/2010 DI VALENTINE G. SCHURWLIEW MO'I'ION TO DELAY MO TEXT D 1 DEPOSITIONS..... STANLEY L JOSSELSON 0025685 03/30/2010 - GRANTED SCHUROWLIEW DEFT'S WITNESS LIS'I'. 3/18/2010 DI VALENTINE G . OT GEN D 1 STANLEY LJOSSELSON 0025685

3/29/2010 P1 VERA SCHUROWLIEW BR[EF IN OPPOSFCION TO DEFT. BR GEN I' 1 VALENTINE SCHUROWLIEW'S MOTION'I'O DELAY Dt;POSfITONS... MARK W BIGGERMAN 0064092 fOR 3/29/2010 DISMISS MO TEXT D I LACI

3/29/2010 DI VALENTINE G. SCHUROWLIEW MOTION TO DISMISS MO TFXT i) 1 STANLEY L JOSSELSON 0025685 0.00 3/30/2010 Dl VALENTINE G. SCHUROWLIEW MO7'ION FOR A PROTECT7VE JE IF ORDER W ITH R ESPECT TO 3-30-10 AND 02-24-10 DEPOSITIONS ...... STANLEY L JOSSELSON 0025685, FILED 02/25/2010, IS DENIED.

CLPAL 03/29/2010 NOTICE ISSUED 1 0.00 3/30/2010 Dl VALI;NTINE C. SCI-(LIROWLIEW MOTION TO DELAY JE JE DEPOSITIONS..... STANLEY L JOSSELSON 0025685, FILED 03/15/2010, IS GRAN"1'ED. THE PARTIES SHALL C:OMI'LETE THE DEPOSI'I'ION(S) NO LATER THAN APRII. 21, 2010.

CLPAL 03/29/2010 NOTICE ISSUED

3/31/2010 OT GEN D 1 NOR LACK OF SUBJECT MATC^12 JURISDI O MOOTION TO DIS MISS STANLEY L JOSSELSON 0025685

4/06/2010 O'f GEN P l ilOTIONTO SMISSI6wRK W(BIC(iERN1AN10064(92 DF^FT'S

PIVERASCHUROWLIEWBI2IEFINOPPOSITION'CODF.FT 4/06I20I0 BR (iEN P I V A LENTI NE SC. HURO WLIE W'S MO'i'ION T0 DISMISS POR LACK OF SUBJECT MATTER JURISDICTION. MARK W BIGGERMAN 0064092

4/06/2010 DIVALENTfNEG.SCHUROWLIEWREPLYTOPTLF'S.ANSWT"PO OT GEN 1) 1 MOTION TO DISMISS FOR LACK OF SUBJECT MA1TR JUI2ISDIC'I7ON. STANLEY L JOSSELSON 0025685

4/07/2010 DI VALENTINE G. SCHUROWLIEW REPLY TO PLTFS' ANSWER OT GEN D I TO MOTION TO DISMISS ON TITE BASIS OF LACII}'.S AND STATUTE OF LIMITATIONS. STANLEY L JOSSELSON 0025685

4/08/2010 COMMUNICAI'ION PROM A"ITY. STANL.E:Y JOSSELSON TO CM GENI C9 PROWARF. 9 CUYAHOGA COUNTY COURT OF COMMON YLLAN PAGE: 12 CMSR5143 DATF.: 5/05/2010 TIN7E: 2:43 PM CASE: CV-09-684581 JUDGE LANCE MASON STATENG THA'f HE tiAS BE.EN AN OFFICER OF THE COURT FOR OVER 40 YEARS AND HAS NEVER HAD HIS HONESTY QUESTIONED... (ATTACHED MEDICAL LETPER)....

MO fEXT D 1 4/09/2010 Dl VALEN-ITNF,G. SCHUROWLIEW MOTIONTO STAY PROCEEDINGS UNTIL RULING ON MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND RIPENESS STANLEY L.IOSSP,LSON 0025685 04/15/2010 - DENIED 10.00 JE JE 4/09/2010 HEARING SET FOIt 05/06/2010 AT L0:00 AM. HEARiNG ON PLAINTIFF'S SECOND MOTION FOR SANCTIONS SHALL BE HEARD BY THE COURT.

CLCCC 04/09/2010 NOTICEJSSULD

JF. JE 4/09/2010 PLAINTIFF(S) VERA SCHUROWLIEW(PI) ANI) ALEX 10.00 SCHUROWLIEW(P2) MOTION TO DISMISS DF.FENDANT'S COUNTERCLAIM AND/OR FOR A DEFINITE STATE.MENT.... MARK W BIGGERNIAN 0064092, FILED 03/25/2009, IS GRANTED.

A MOTION'CO DISMISS FOR PAILURE TO S'fATE. A CLAIM UPON WHICH RP.LIEF CAN B6 GRANTED IF IT APPEARS BEYOND A DOUBT FROM THE PLEADINGS THAT PLAINTIFF CAN i'ROVE NO SE'C OF FACTS WHICN WHEN CONSTRUED MOST FAVORABLE TO PLAINTIFF WOULD ENTITLE I'LAIN'1TFF TO RELIEF. ZUBER V. OHIO DEP. OF INSURANCE (1986), 34 OHIO APP.3D 42. IN CONSIDERING A MOTION TO DISMISS'fHE TRIAL COURT CAN ONLY CONSIDER l'HE FACTS CONTAINED IN THE PLEADINGS AND NOT RELY OR CONSIDER EVIDENCE OUTSI DE TI I E COMPLAINT. TIiE COURT HAVING REVIEWED I1-IE PLEADINGS, THE LAW, PLAINTIFF'S MOTION TO DISMISS, AND THE OI'POSI'IION THERETO HEREBY GRANTS PLAINTIFF'S MO9TON TO DISMISS DEFENDANT'S COUNTERC:LAIM. THE COUNTERCLAIM ALLEGES TIIE PLAINTIFFS ARE LIABLE FOR DEFAMATION, IN'LENTIONAL INFLIC1'ION OF EMOTIONAL DISTRESS, AND ABUSE OF PROCESS. ALL OF THF. ALLEGATIONS CONCERNING STATEMENTS MADE BY THE' PLAINTIFFS REFEI2ENCF, S'['A'('EMEN'CS ALLEGF.DLY MADE IN OR AROUND MAY OF 2002. EVEN II' THE ALLEGED STATEMI?NTS WERE MADE THF: COURT FINDS TI lE STAI'EMENTS FALL OIJTSIDE OF Tl1E STA I UTEbF LIMITATIONS FOR BO"iH DEFAMAf1ON AND INI'ENTIONAI.INFLICTION OF EMOTIONAL DISTRESS. ABUSE, OF PI2OCESS CLAIMS REQUIRE PLAIN"[7FP SHOW fHAT A LEGAL PROCEEDING HAS BEEN SET IN MOTION IMPROPER FORM AGAINST H(M ANI) WITIi PROBABLE CAUSE; THF. PROCEEDING HAS BEEN PERVERTED TO ATTEMPT TO ACCOMPLISI I ULTERIOR PURPOSE FOR WLIICH I"1' WAS NOT DESIGNED; AND THE DIRECT DAMAGE RESULTED FROM THE WRONGFUL USE OF PROCESS. YAKLEVICH V. KEMP, SCHAEFFER & ROWE CO. (1994), 68 OHIO ST.3D 298. TCIE COURT FINDS TIIE DEFENDANT IN IiIS AMENDED COUNTERCLAIM HAS FAiLED'I-O ALLEGE THAT ANY LEGAL PROCEEDINGS HAD BEEN SET IN PROPER FORM AGALNST HIM AND Wfl'H I'ROBABLE CAUSE. DEFF.NDAN'l'S COUNTERCLAIM IS I-IEREBY DISMISSEI) WiTli PREJUDICE, PAR'CIAL.

CLCCC 04/09/2010 NOTICE ISSUED

4/I2/2010 PLAINTIFF(S) VERA SCHUROWLIEW(Pl) and ALEX BR GEN SCHUROWLIEW(P2) BRIEF IN OPPOSITION TO DEFT. VALENTINE SC:HUROWLIEW'S MOTION TO STAY P120CEEDING. MARK W BIGGERMAN 0064092

4/l4/20I0 HEARING SCHEDLJLED FOR 05/06/2010 Af 10:00 AM IS SC CANA 60 rxounnu CUYAHOGA COUNTY COURT OF COMMON PLEAS PAGE: 13 APPEARANCE DOCKR: C CMSR5143 DA'PE: 5,'05/2010 TINIE: 2:43 PM. CASE: CV-09-68455I CANCELLED. HEARING SET FOR 05/11/2010 AT 02:00 PM. (Notice Sent). 4/l4l20I0 SC H001 1 0.00 4115f2010 DI VALENTINE G. SGTTUROWLIEW MOTION "10 STAY JF JE PROCEEDINGS UNTIL, RULING ON MOTION TO DISMISS FOR LACK OF SUBJECT MATTERJURISDIC,TION AND RIPENB.SS STANLEY L JOSSELSON 0025685, FILED 04/09/2010, IS DENIED.

CLPAL 04/13/2010 NOTICE ISSUED DI VALENTINE Ci. SCI{UROWLIEW UNOPPOSED MOTION TO 4/20I2010 MO TEX"f D 1 EX"I'END "I'fME FOR DEFT'S DEPOSITION STANLEY L JOSSELSON 0025685 04/22/2010 - GRANTED SON 10:00 4/22/2010 IE JE ^X END TI'vLE FUIZ DEi 1'^SO DLI1'O.SI fONPPOS N Y ti JOSSELSON10 0025685, FILED 0 4/2 012 0 1 0, IS GRANTED.

CLPAL 04/21/2010 NOTICEISSUED

4122/2010 TEX'I' D 1 MO DFVSIIION[3Y521-II0SiANLEYLJ^S^LSON ^^85fE

:2 rROivaxe 1 THE SOFIJA SC$fJI.O'-f°,IEU

INCOMB TRtlS7'

THIS INDENpURE dated the It day of FEfiku&2 E:nt,=_red into among d(>F2,7A SCHUItOWLIEW o:: C2eveland, hsc Z9o she: einafter called i,he pGrantor"), and. SxAI.ENTI,NB SCI3UROWLIEu, S'ER:; SCEUROWLIV7 and ALEICSEI SCHIJROTqyIgtT and their successors (he:-eiaaafter called the NTrustees+') ;

W I T N B 5 S E '.P .3

wIiEREAS, tlae! Grea2tor desires to` crci2,te a trust for the ;.uriroses hereinafter mentioned, and

lier^:a^rSdesir Gremtor eposit with theeTrt :steesottier property, or ;cay wish to add to tte trust by gift, ^9s:^ise, or bequest, under ,:he terms of a Last V'i11 and Testament.

NOW, THEREIrOI2E, in consideration f:)Y' the premises, the Grantor by these presents dors irrevocably ass:L;», transfer, and deliver to the Trustees, thear successors and ;zsx,igns, the property listed :in Scheduae A hereto annexed, the rece:L>t of which 3s hereby :_='-u'owl_dged by the T^sstees; upon the r3:prass terms and conditions herej.nafter set forth, TO $iltip AND TO HOLD the same, t:ogether with ariy 8dditional property r,ec:eived by the Trustees, t;heir successorei and assigns, IN TRIIST,. !¢EIMTEIELEgg, for the t'91lowing uses aLnd parposes., namely:

ARTICLE I

IN^OkfE Dt112ING GRANTCIFie;g LIFE

(1) INCONE Tha Trustees shall i:.o[d, manage, invest and re.invest the Trust Pr.,>perty of the trust, and shall collect the incane thereof, and sixail pay the net in ome from the Trust to the Gran:or SOFIJA SCMMOtOI,IEt7, during her 7. L:Eetime, at least annually or i:i more frequ.entconvenient installmes:lts. The.Grantor shall also be entitled to tlie life use of any ::eal property held .here'.ia.ader which conat:Ltutes her primary :°,p.aidence or any such si;tbs•.itute real propdsty. In no event ed;a11 the Trustees iii.st:-ibute any of thEt Trust Property coni;.3.sting of the principal of' tl;e trust.

theto foregoTring, Grant:or)mayOby dESlive•ri.^ng anTSinstoruments^ rnwriting direcet that all or an)• portion of the n•ei: income be accumulated far J'uture management, investment and r?,.ryestment by the T:,ust:ees. Said direction shall be revorel.:•Ie and may be revoked by ctelivering an ir,;struyment in writing to i_he Trustees and will be' e:utomatically re:vokeci upon the incapaci.ty of the Grantor. Any income accumulated piarsuant to this prc

(3) TERMINAT2014 The Trust shall :ontinue until the death of t:xe Grantor. Ilpor.t sueh termination, •:k:e Trustees shall divide the ICrust Property i4i,o separate, equal ::hares so as to provide orte ;l) share for eac11 child of the Gran:,or living at such time, artd one (1) share for the then living lineeal descendants of each de:censed child o:E i the; Grantor, such share: ta be further divided f..r 1;he then living l.i.neal descendants o;' said deceased childj in e=ua:. shares, pe:r sti;t^pes• and not per cai i.ta. The Trustees shall transtfer, convey., dellver and pay over ee.c:h such share to a then 1 ivixig beneficiary* to, said beneficiary oi;tright, to be his or hers alsso].utely; except th,Bt an share payab.IE: to any then living l.inee.l descendent of the Grantor who shalJ, not have attained the age c-f twenty-one (21) years shall be h+.ld, administered, invested aiad x-einvested and diisposed of in accorct.ance with the terms of the Article herein ezttitled "Power in Trust". The valuation of Trust PropE:rty for division'Purposes shall be cetermined in accordance ¢+r=th Article V(lEi) below.

ARTICLE II

TRUSTEES

Me Grantor°s ch:ttdren, Valentine 8:c:-4,arowlieu, Vera J3clxura&rlieu and Alekse.i Shurowlieu shal2 rerve as Co-Trustees of {cH.e Trust created here'ander. If atiy onE: af said Trustees shall cease to act for any raason, the remainirtl Trustees shall continue to act without a succet;sor being appointeri for the Trustee so ceecsi.ig to act. -

:3xeept as providetg in Article V(27) )>elow, at any time that there is more than oner Trustee then actiaisi, any act to be ttazEter,aken in this Tru:est Indenture by or srf.th the consent of the Txvtsttaes may be u:ndertit]cen only by unanimctus consent of all then serving Trustees.

::n the event that no one of the thr?c, orirlinaily designated 1'.rtxstEes is then ser*rir.g, any income ben,^f:xciary of the trust may ma.ce zpplication to a court of appropriatE jurisdiction to appoint a t.ucc:essor TrustE>_e, pr eferably a ch.:llds-en 's family.. member cf the Grantor ts or her

-2- 63 ARTICLE III

POWER IN TRUST

k5otwithstanding .inything herein con: ;eEined to the contrary, whenover pursuant to i;he provisions of this Trust Indenture any .incoaae of any trnst edtal3 become payable to a beneficiary under tt,e uge of twenty-one (21) years (herein.49'ter referred to as a "Ninor") or all or aa(}r part of the princ:.l>al of any trust shall b=:cone distributable to a Minor and shal:, vest in absolute n:+ne:-ship in said Miriur, the Trustees arei authorized and e:s:pocrered, in tht_ir absolute and uncontrc.l.led discretion, to hold s,aid fncome andJor pra.ncipal so vested in such Minor, or any part t;aere_:o€, in a separate! fund for the beneY.i.t of such Minor, nctw:,thstanding that €xich property may ocarsist of investme,n,ts not authurized by 1aw.:for- trust funds, and •tc, invest and reinvest the same, collect thae inccme therefrom. Dur.ic.el• the minority of such m:inor, the Trustces ma.y expend or apply s.ll or any portion of the nut l.ncome andJor pritcipal of the fund i';ar the education, hea2th, sczppcirt and maintenance of sueh. Minor as^E. shall accumulate, invest and reinvest the balai:ce of the net inor>xe until such Minor shall attain age twenty-one (21), and thereupo.r shall pay over the p3^inc ipa3., together with any aceuiaulateci r.ind undistributed income, to sL.ch Minor. 3:€ sur,h Minor shall die ;: efore attaining age trrenty-one (21), the Irustees shall pay r,`rer the principal together with any acc-umu}.ated and undisl:.:cibuted income to the e:otate of such M#.nor.The authority conL`r3^red upon the Trustees by th5.s Article shall be, construed as a poxrr only, and shall not operate to suspend th+e absolute ownersh:ij; of such property by such :Mi-nor or to prevent the absolute vesting thereof in such Minor. .A7.1 the powers arid ctiscretions herein ocnnferred upon the Trustees by this Trust Incle.ntuxe shall apply with respect to the aCLninistration of any property which shall vest in absolute ,9v!;zership in a Minor,and which shall be hezd by the Trustees under the power in trust granted by thisi h:rticle. All the above provisions of this Article shall also apply in full to any adult loc::^eficiary who is unc3er a mental or lecral disability, as (icrtermined by the: Independent Trustee, cluring the period of time tt.ait such beneficiary is so disabled.

A12TICL'E Iv

Rr'LE AGAINST PERPETUl'1'IES

!iotwithstanding 2riy discretions herEt:.nfore gi"ven to the `.Crustaes acting togettit>_r and to the Indepandent Trustee acting alone as to the distributions of income a:id principal of the 1:retsts hereunder, if ziiiy trust has not pr^rcriously terminated or veste•i in compliance with the rule agains.: perpetuities and laws agzainst imposing restraints on alienatior.c. and against acc:umilation of income,. such trust shall ':aarminate the day on vrhich shall expire the period of twenty (:t0) years after the death

-3- of t::se last to die Of t2ae Grantor and the :t£neal descendants of the Grantor living on tkae date this instrr'S^n^russ t eXl o£d on such tErmination, the Trustees shall pay property such tzust to the person by reference to wl^ o[a snch trust was cre;itei:, if such person: shall then be liv:t:r.g, or, if such person shall not be living, as provided upon a t+a:rzni.nation of such trust. %Totia£ttsstanding. any disf.retion heretofore ; :iven to the Trustees acting together andthe . Independent Trustes. actinq aloiie as to the distribution of income z.ndjor principal oE the trusts hereundet, sa.i'.. fii`tgstees shall :LaavE° no discretion to xta.ke distributions of iric`me andjor prinaipal, in violation of ths: rule against perpetiaities and laws aStainst imposing resi:t:aints on alienations and against accumulatio'll ofincome.

ARTICLE V

POF1ERa OF 'd"RUSTEF S

In the administra9:ion of the trusts disaretion, T`:ccastees shall have 't.h^e following powers, i:n +Ldd].tion to th;ae now or which such ^+o;^r^ersdmay bewapplicable, e:Kecccised in any capacity to withovt authorizat:ion by any court.

(1) ORIGINAL PRO'£ERTY. T^t?YtKecett. F dilfxomathe Grantor at pr^*pexty oriqinal7.y or: subseque an,€ t9,z^e, regardle:ss oY the character of such property, or whether ar no1. it is such as tt.en would be autho:ri xed by law for inresi:ment by Tru,atees when it becomes a part of the trusts and to x'et.aiir it as part of t2'e trusts, whether or not it leaves a clieproportionatel:y 2av{e part of the ^^its^isable^eandntondispose for such 'i.ime as they a of pr>perty, property ki+! sale, exchange, c•:r otherwi.se, as and when of an:{ such they ;ieem advisable.

(2) INVEST IN PROPERTY. invast, oriforeign,erealds of icY.a^ trusts in prcparty of any kind, do jpe::csonal, mixed cs chsises in act_cznri.talsd zautual funds^ited 'tco stocks, bonds, cq^sodities, precious by azz methodinclud£ng but „o:mmcn trust funcis, coins or currency, Y not lizaited to puts,, calls, strips, straps, straddles, short r3irleE., futures contratts, use of margin i:r by the exeroise of opticmas of any sort izrespective of any -=tatute, case rule, or ciastcma limiting the itvestment of trust funds, and. to retain the s<>aae for such pei=iods: of time as they dee.n. advisable; to purchase i:e.su37ance policies csn the life of any b=rai:fxcaary, or his or her sElou;se; to bold or pua'chase, without obl:.cfation to divest or sell, ar;y irork of art, inCls.;ding but not limitot`.l to statuary (whether of WC>od, metal, or any other material or subG:tance), paintings, incl'lding, but not li;anited to, oil or ar!.-r other simple or mixed 10edii, collage, dracsitzgs, and lithograp2:;:a (all whether by a known atti>2, or a produc't ^>f a primitive or o:he:r culture) ; and to loan

-4- any antisple or work of art to a museum, ga:{lery, educational insi:itLtion, or other organization for exhibition or any other purpose. for any finite period. BUSINESS,. To' continue and to ope rate any business or bus:inec:ses or investment. in any business •tt as. Grantor may own at tb.e tiiis of his death fiir such ti.me as they deem advisable; to amd renain artner enga.ge in any othe.rbus:i.nesCoto irutcrparateaany anah, genE:ra:. or special, in ainy business :.Tivestment; and to •the st:ock thereof as an busine:;sproaaragraph (5) .

-CO SELL PROPERTY. 'C

660 ad;visatxle €ar themt tocontaining exiter into any agre_ b.is:n r^pc•esc:ntations or'under.takings which, f'liable lth refore^at of tPie ag:-eement, would reander them persona2l! tktej.r aption, to enter :.nto and execute an,r such agreement in thei.r >Aficial capaci^tic.s only and not ind..widually, in which the case, :Cf the terms of the appli5ab shall be E•''a:lnding proovidethe,trusts ,rc:pr.es:ntations and undF_rtaking birt shall not be bindinr3 upon them persor.atly; and, further, w:ithout limiting the ge:1erality of any of' the foregoing, the TxL.,,tess are e9tpre.ssly, euthoritied, if anc. to the extent they deem it advisable, to deliver such part of any 4ecurities which they m,al• hcld as they deem a3visable to the i:Fscting company fox rallemrtion againsti.payment of a redemption price satisfactory to thcem and upon termte approved by them. 17) GENERAL POWEF To BORROW. To bo:rror,r money for such pe:^iot:s of time, and uron such terms and :onditions as to.rates, mx:,ur:.ties, renewals, a.nd security, and :Er<,m whatever source, as th,sy cieem advisable, irscluding the power t.c, borrow from any one of th-=_. Trustees them.aelveE:, and to mortgage cE:t• pledge such portion of Tz-^.st Property as may 3>e required to secmaFt any loan or loans, and to re^tew any existing ..oans as makers or Fsr.rdorsers or in any other caExac.ity. (g) POWER Tpl3AIii)LE MCSRTGAGES, ETC. To consent to the e3u2aoriination, modificiition, reneo^lo ^r 3«ount indebtedness, or caeB^enture, note, bcnd„ mortgage, p other obligation, whetaer or not securec. :,:r evidenced by any +;ar.iting; or of ar.:y oth-r term or provision thereof, or of any gt:tarantee thereof, or to the release of su•:.h guarantee; to fcyreclose mortgacres and bid on property un3er foreclosure, or to ttike title to prctper't;y by conveyances in Lieu of foreclosure, e'.the:r with or w3.tlt.out payment or consida:ration; to continue mc>rtc-age investments efter maturity, eiia:er with or without rcenerl,al or eutenssion,, upon such terms anf conditions as they shall daesa advisable; torsl.ease obligors on bc•nds secured by mortgages, o:c oliligors on other 'srbligations, or to rc•.;frain from instituting s'J.iti: or actions against such obligors L`cex' deficiencies; to use sc.ch part of the prophcrtY held by them ae; they shall deem a:tviisable for th-e proi.ectzon of any inveEit:ment in real or personal pr-opi:rty, or any invesctment in any mortg+ir.^e or pledge on real or pe:rsunai property. (9) POWER TO HcS;;,D CASH. To hold ail:l or any part of the 13:ust Property uninvested for such pericri of time as they shall deaem advisable. ge, . (10) POWE&: TO M8NAGE OR DISPOSE CFl? :PFtOPERT oranot niaintain, improve, develop, lease for euiy, term (whether (tactending beyonct the term of the trusts created herornotherwiseQrm ;!ixe.d by any lavt),m•-rtgage, subdivide,. csartition, clisl,ose of any a:eal cr personal properj.;g n or any interest therein; +,o nake alterations in any buildings lu:a^ted on such property, or

-6- 67 to denolish the -same - 1:o construct new bu:.l.dings, all in such marne:: and upon s',ich tfarms and conditions ets they deem advisable; 2Lnc{ tu enter into contracts with respect S:o any of the foregoing.

(11) GENERAL POW7BR TO HOLD PROPERTY ?:N ANYOPIE'S NAME. To hold sny and all stocks, bonds, notes, IDcr.-tgages, or other Pxoperty in bearer €ozaa, in their own nam:s, in the Grantor's - naxae, or in the the na:ne of their duly ap?ointed nominee, with or withoat disolosing the fiduciary relatic2fahip, and their liability sx.;all be neither izscreased nor decreasec, tl:tereby.

(12) VOTING O>;' 3'rOCK. To refrain i`e•om voting or to vote shares of stock cfwned by the trusts at st.ackholder.s' meetings, in paerscn or by special, limited, or general proxy, with or without pcrwex of substitution, if any Corporate :tndependent Trustee dc:termines it cannot, legally vote secur:Lti.es held hereunder.as to any ra.tter, or shali alect to abstain, ei9:har temporarily or pi.rmrxaently, frorn doir.g so, and the vot:L:rq of such securities on s=h matter is not otterwise provided forr, such rights shall be e:ferc:ised by the indeliendent Trustee as t.irected in writing by any c,---f:,dueiary then acti.ng hereunder, as tta, term "co- fiduciary" is da.fined in the statutE:s of the State of Ohio then in force and egferst relating to th;ee voting of a bank'st own shares held in trus{„ and if there tict no such co-fiducisuty capable of acting in the oldest beneficiary `:l:ten entitled to receive ttxis respect, by arty of the income iierounder.

(13) GEtdERAL PO1dER TO EXERCISE STO,.IC OPTIONS AND pkuVtL'EGES. To eXerci,se all options, ricf:zts, and privileges to convirt stocks, bonds, notes, mortgage=_, or othex' property into cther stocks, bonds, ;zotes, mortgages, oc other property; to subsvribe for additioaal or other stocks, bonds, notes, mortgages, a:r other property;to make such convers:io:ns and subscriptions, and t,c> make paymenta• thereof, and to hold etuMx stocks, bonds, notes, a,:ad mortgages or other property so acqt.t:Lr.ed as investments of the 3:.C'lls ts . .. . (14) POWEFt Tti aRANT OPTIONS. To qrant options at such q.3zes, in such raanrtez, and upon such tea:cins and conditions as they s=.hai.l deem advifaabZe in connection witli the exercise of any of the ;.igg,ts, duties, powexs, and authority giVen to them by this Trust :fnd6:nture. (13) GENERAI, POWER TO PARTICIPATZ :'^.N A REORGANIZATION OR :rERC;ER, To init:Late, participate in, antl carry out any plan for the consolidation eix, merger, dissolutiort or licpuirlation, foraclosura, lease, nale of property, i;tcorporation or t:ei:icorporation, reorganization or read..jttstment of the capital or tiinancial structure of any corporation, company, association or E,ntlty, the securit5.(as of which may farn a portion of the trusts; to aecome and serve +as a member of stcc:sholders' or bondholders' protective committees; to present propoa.:Lt.ions, to oppose propositions presented; to approve or disapprove what is

d7_ d.isctished, and tn prax.ect against any mat.t.er or thing which they might consider contrary to the best int?ft?:st of the trusts; to di_pociit securities in accordance with a::zy plan; to pay any a:ssea,sments, exp

(16) SETTL7DtE2dT. OF CLAIMS. To co;¢1-x•omise, adjust, a::biixate, sue on or c:efend, abandon, o:r otherwise deal with and st=_tt].e claims in favos, of or against th2 trusts in any manner as they deem advisable.

(17) POWER TO AEANDpN PROPERTY. Tc• abandon any property, ri=_al or personal, which they shall deem t.o. be worthless or not of siiffj.cient value to warrant keeping or prea•tecting; to abstain from pr:yme,nt of taxes,. lier.s, water rents, aaeessments, repairs, maint.enance, or upkeeF of any such prop+e2t;y; to pertait any such p3:opcrty to be lost bp tax sale or othe;; paroceedings; or to convey any e.uch property for.a nominal conside:-:t.ion or without cnnsideration.

(18) TO DISrIDE .AND DISTRIBUTE. To make any division, d.istribution, or partition of property, iri cash or otherwise; to m;ike non-pro-ratzL distributions in kind +ahich may yield differing incon.e tax consecluences for beneficiarie,x and to allot any property, includi.ng an undivided intere[>t therein, into any trust or st,'are, whethea: or mot the same or a d1f'ferent kind of property it. al.lotted to the other trusts or sharr_c . valuation of property d`.vi6ed, distribrited, or apportioned by the Trustees shall be at the fair market t=alue of such property, uhich shall solely be daitermin.ed by the xndependent Trustee.

(19) NO REQUIREdkEdOT FOR PHYSICAL E;33PARATION OF PROPEI2TY. In ary case in which the Trustees are renuired or permitted to di.vide.any property held hereunder into trusts or shares, they stial3 not be recguired physically to divi.c9e: any of the investments or other property, hut may keep the samee or any part thereof in on-e fund in whicEi the separate and distiMct trusts and shares shall have undivided interests.

(20) EMPLOY AGENTS, ETC. To employ atterneys, accountants, auditors, investpdent counselors, other e:[pcrts, de.positories, and ;proxies, with or withuut discretionary po4eers, and whether or not .such persons may be si-arving as Trustees hereunder; but ;np'twithstanding t:he foreoing, no agent who may be serving as '£z-lstee shall be entitled to bath a fee as agent and a fee as Ti^istee; to appoint b^ irrevocable powera of attorney or ot:serwise, agents; and attorneys-in-fact i;cr act for them in the ,act•ninistration of' the trusts; and with z-d:s.pect to any stock or :sevlurities held by the trusts, to author_L2;a such agents and

-8- 69 a•ktor7seys--in-faej:., (a) to sell part or !",.3, of such stock or s-ecu3-ities held by ths: trusts to underw:r`:L.ers for distribution in a pu2lic offering at E:ueh price as such e.g^ents or attorneys-in- f.^ct shall deternaine,: but not less than tt:.e price to be paid by s,)ch underwriterax to cither holders of stclc:k or securities of such corporation selling srch stock to such +ind:erwriters, if any, (b) tt-, es:ecute and delivex• an underwriting ac-G•eement on behalf of the t:rust:s'regarding such stock or seeuritie:., containing such terms and c.onditions as sait. agents and attor.:ic:_e•s-in-fact shall d.teazi.ne, and (c) to: do any and all othe.r things, and to execute and c:eliver any and all other instrumente , agreements or documents o:E ariy nature whatsoeier, on behalf of •:::t.e. trusts, to effect the sitle of such stock or securities to und+>_fwriters.

(21) ALI,OCfLTION, OF RECEIPTS APID D;C„T^tT.RSEMENTS. To select an aitnua:l accountincrperaod, or any other arr:ounting period as they deesd a.dvisable; t:cs determine the manner ., f ascertainment of income and F rincipal of all t eceipts and disbur;e ements, thereby determining whether a:ny receipt andJor c3.S Fsbursement shall be csredited to income or principal, in fu1:1 or in part, except that for all purposes of this Trust Indenturet principal shall include arry gains from the sale, exchange or other disposition of any pa:operty which is a capital asset iinder Section 1221 of the Code v2iether or not such disposition qualifie:l3 for favorable Federal or .State income tax trearment, as long as t:Be law of the State of the .s9.tus of the true:tdoes not preclude suc:h determination, and ,exaept that any diistribution attributable to any such annual ,ac:oounting period: in excess of net incomca :hereunder shall first be de:emed to come from apy such capital gain generated during such arr.zual accounting• period; except that ttic>_ Lndependent Trustee only ,st:ih1l exercise th.e powers and discretions of this paragraph (21).

(22) TBANSA.CTIO215 WIT2i OTHER FIDVC7:P,:RIES. To enter into any transaction authorized by this Trust Indtecreture, or by law, with ttY;.aa t.rustee or legal ssapresentative of a,nir other trust or estate :Lr.. which any beneficiary hereunder has a. leneficial interest, even i_h.«uga any such truste•e or legal represemtative is also a Trustee tse reu:zder.

(23) E3MCIITION (s:E INSTRUMENTS. Tc. ;2eeute and deliver any iaz itt 2n instrument tahi,:,.h they deem advis a^-:te to carry out any pcwer granted to them.. All persons shall rra fully protected in re:lyizg upon the power of said Trustees t:s execute every such :Lnstraament, and no one6 shall be obligated to see to the appli--ation by the Triir3tees of any monep- a): property received by t.:19¢:m -5ursuant to the C.Cecutiorn and deliver.j( of any'such .Lnstr'ament.

(24) AUTHORITY Tt> POSTPONE AND CON1F:2a)I9SSE TAX PAYHENTS_ To arz-anqe for extensionsi of time for the pa.r7oent of any and all t.a7:es or duties where payable from the Tri ist Property; to postpone t:he; payment of any eotiete and inheritance: taxes upon future int:er.sts until t:he tine possession thereW` accrues to the

-y_ 70 ]seneficiary or kw-neficiari.es; to eomproirS.se any tax- assessed atgainst the trusits created hereunders exc.ept that the Independent :'ruatee only shaill exercise the powers tsnd discretions of this paragraph (24).

(25) POWEx.TO }]ETEliMINE DISTRIBU7I73ES, To determine who are the distributeescof any trust createcl here:tn, and in so doing act troon such inforaiatior:t as on reasonable :Lrtquiry they may deem reliable with respect to heirship, relationship, survivorship, 3.^9entity, or any other fact relating tc: such distributees.

(26) CFISTC+DIAN:AGREEMENTS. To eni:e:r into custodian or c:ustody agreements regarding any propezl;y of the trusts providing f'or the delivery of sach property to a.c:;ustodian for the purposes c:r.scribed therein and which, in the cae+e of any stock or securities held by tlie trusts being solci'to underwriters (a) may be irrevocable; (b) iaay provide that si;.c;s. stock or securities shali be dealt with ;:.z accordance with tsia instructions of the Ir.ustees or any agent or attorney-in-fac::.®ippointed by the 23:ustees; (c) maypresride that pursuant. ;o such instructions the cust:pdian shall deliv«^r the certificateEOrepresenting such shares for transfer, shall cl+tliver certifieates 17epresenting such shares to t:se person or perFSons purchasing such tshares, and shall reimaurse expenses pai;td by the custodiar.tt'rom the proceeds of the sale of such stock or securities; and (di may provide such other pc)we:s-s and limitatiorta; upon powers of t?=: a custodian as they deem r,;tvi. aable .

(27) d2'ESIDE2dCES, To purchase and/or maintain residential propi:rties for any baneficiary hereunder. and to pay all taxes and insu:^ance, and other'cnxpenses or assessia tutt.s in connection with ttie laroperties, and the proper maintenan.<;^,t of the properties; eg:cept that notwithstanding the general ltutanimity required pctrsliant to Arti•ole. I::: above, any decision to sell any existing ressi(3ence of the Grar.tor and/or to purch.:u:e a substitute residence mEty be made eitherby a majority of the :'azsstees-or by a direction fr'om the Grantor Erith consent of at ieas+: one of the Trustees then seIrv: ng.

k28) BfANAG:E REA.], ESTATE. To pay a:.T, expenses connected with any :-eal propert,y held by any trust, sucJt as but not limited to taxeie, liens, de:ots, Ytortgages, water raatl:cs, assessments, repairs, me.inl,.enance or u;pkeep, as they deem adviai.eble:

ARTICLE VI

PROV7:SIONS RELATING TO '.*rtUSTEES

The foilowing prvvisions, in addition to all others herein, s::.al:, apply to tJie Tntstees and their da:.y appointed successors to t:n.e a!xtent permi+:ted by law.

-10- / (L) SERVE WITHOUT SOND. No Trustee neimed hereunder, -shall -be rc,guir,d to give any bcr.td or security for ^.he performance of his duties as such in any c?'>urt or jurisdictia r.. (2) TO EXERCISE P:)FTgRg y7ITgOt1T ORDPTt OF COURT. The Trustees s1,11a,ll not be requi:red to obtain the ordez• a:r approval of any court in thQ exercise of! any'power or discretion herein given.

(3) SUCCESSO R TRFJSTEES. Every sucr.etssor Trustee shall have al: title, powers and discretion herein given to the the Trustee sur,ceesor, withoui: act of conveyance or 4.xansfer. Any corporation wh:Cch shall succeed to' the trust businesis ef any corporate Trustee wh.kie it is acting u.nde.r this agreement rst:all become a successor !rr,-^stc:e without a(:t of: conveyance or trana f'er. 4) E3CONERWtION ]'ROM LIABILITY. Exc:-rspt for willful default of an„ d.uty hereeinder c>r gross negligence the Trustees shall not be liiable for any act,. omission, loss, daixage, or expense arising f`rom --he performance o:^ their duties unde:this Trust Indenture.

(5) GENERAL AUTFiURITY OF TRUSTEES. 3do person or corporation dealiag with the firust^tes in any transac:t:ion affecting the Trust _pra>perty shall be required to inquire or i:avestigate into their ;suwherity for ent.erinq into such transacstion, or to see the akrolication made by them of the proceedse of any such transaction.

(6) POWER g,f1 RE,SIGN> Any Trustee ar,.ting hereunder may rtasiczz, at any t:.me without court applii...tion or approval, by an inst^iament in writing, signed such o:he^' Trustee thr.n acx.ing, and a .1y, or if there are tre+ such other Trust®:^w:s or designated s:..ccr.ssors, to a:Ll income beaieficiaries crt: such trust over twen'.y-one (21) years of age. (7) POWERS TO C:UNTINUE UNTIL PROPEC}r"Y DISTRIBUTION. All of the .ri.ghts, duties, ltowers, authorities, rknd imunities given to the Crustees by this .sgreement shall canr.:inue after termination of the trusts created herein, and until tbe Tzustees shall have made all property he].ct by them hereunder. e+.tual distribution of

(g) POWER TO D:"cLEGATE. Any Trusl:ee actingeal2nhis rights, ciel®.gate, at an}% time or from time to i..ime, any or nature; tiowess, duties, ^and authori.ty^^h ^elegitf.onrshallabe revocable at jzroc^ided, howev^,r, tk.at any ,3nv time. (9) EXONE:RATZO2f FROM PERIODIC JUA::-CIAL ACCOUNTING. The 7'rmstees shall not b-rus^created eriodic a:eqxiredyrit:i respect by law,to any but this shall not prECta:nt the Trustees from havl.ng their account:s judicially settlei art any time or times if Truste shall i_heY should deem it ;achsincomeobene€i.c:ialry who haseatt ineci the ;jeCCUnt annually to

-11- aqEj of twenty-one (21) Years and to the pac'ent or guardiari' of any' inaome beneficrarY` who has not attained t:hp: age of twenty-one (21) ye

.Il) IzGAT, ,^OUNg71L. The Trustees m.r,y, consult with legal c:oeinst.i (who may be cctinsel for the Trust(tees) with respect to the coris't:^uction of ttiis Ta ust indenture or thr::ir duties thereunder, or wi•':h respect to any legal proceeding c:- any question of law i.nzrol'-ting any trust cr^.ated herein and th,t Trustees shall be fully prc)te-^ted wite thea advicelof suchicounseltted by them in good .taith pursuant to (12) FLIICTL3AfiTO3d IN ASSETS. The Tr.rr;tees shall not be :ce:quired to make any )^rovision on aceourtt of the diminution or .Lru"rease in valuei of any securities or i.nvestments at any time ocr.nstituting a pe;r't of any of the trustet ti.ereby estab3.ished, or far depreciation in r+espect of any tang:.].1e property, or for the .pttrpcse of amortizing or making good any amounts paid in premiums an tpe purchase ofsesurities or of any cther property.

(13) CUSTODY OF PROPERTY. The Trna:i:ees or their designated aetent.s shall have soie. ctistody of the a:s: r:ts of the trust and s1ia13. so2ely perfform e•11 ministerial dut).aa:s. STOCK S BY (14) TRUST:SES Y9;,Y SERVE WHOSE Ts:US". in the event 't:hat a.ny onsperson Ias g a Trus':ee hereunde'r aha::.l also be acting a.tc an officer or director oS' a:iy corporation irs which any trust he%-aeunder or the Grantor or the Grantor's estate laay own stock or ot!imr securities, he may act ary sloh officer or d9;:rector and receive -ompensation therefore in the same manner asif he were not a Tru.s-ae hereunder, and he such ehail not bdaa^E^emember oftthe his ectorsoby reason c^ffi..^a or position t.her eaf . (15) CO291'ENSA.T:EON. Any Corporate T.ndependent Trustee i.on for its ordinary Yteraunder shall be eaititled to compensFrt^' rPrs`ices hereunQer. Ghich compensation, unless otherwise agreed ,kpor: by the Corporati5 indepeiidertt Truv'eee, sktaZl, be at the rates )aree,cribed for t3oiiir tto each ch^^'c^ing ofasuchdcompensationn :;ch4tdule last a^^opt:ett prior a,ny Corporate I:'tdepe3tdent Trustee shall rt'eceivserwicesarequested ::dd:.tional comp^ensat.:.on fot eo rfa3r^'1.yam mber Trustee or :_ equired . 2tny ldcaa i-Corpora tter•?under shall be Ettltitlecn^aait:lynmemberishallvagree, but her>under as said Ho:i-Corporate no

-12- services aivent shal foroinot7^enstanda the hi4jhest compen:sat•i^^amrovia p orat^e a Inde endent Trustee iocate.ieintClevelandfeCliio^ar any Corp p A1y family member Trustee hereunder e:vAll not be entitled to compen3ation for servici's hereunder. g.a twithstanding Ai'ticle V(20) ,. no acien't who may be serving as Tri:.stee shall be e,ntitled to both a fee zis agent and a fee as I:nclependen't 2'ruste:e. ahall be Se:ductibl.e by the Tru.stee 3he compensation :a.ereunder such souru,= or sources as it may at sueh tf.me or ti:axes and from dei:ern.ine.

ARTICLE VII

P.A'IMENT, APE'CiZN'17REtd'r dR DISTRIBUTION 'TO ANOTHER TRUSTEE

;uay time that a Tt'ustee of any trust, esreated in this Xncten-.ure or any ot:hex, person is empowere i hereunder to make a payment, distribut:ion or appointment of g-:Lncipal and/or income ciui:in3 the term of sa9:'t trust or upon its: termination, such paqmeat, distribution :-sr appointment may so^ made -to any other jrrjast, whether or not such other trust is: created under this :Cr..denture, whether or: not such other tri:s.t has multiple ]oe:neficiaries, or whetFier or not the Granit:or of such trust is the to However, fauch 3i:antoent ma y Indenture. or appoi^m een bE.nef iciaries of such other t^tt distprtU;. ution or appointruentbhad e:.igible to receive svch paym it b£,en made outrigh't.and free of trustt eind only if such payment, d:Esti-ibution or appoir..tment does not crieetee a power of appointment the state law which oYer such princia?al ar:d/or income which -tx,der gaverns this Trulst Incienture can be vali.iily exercised so as to Interali erty or P:•stpone the vesting csf any estate est ofrsuch sc.sp^snd the abso:tute ownership p pc•opE:rty for a p•eriod ascertair.able witr"ut regard to the date of tk,e ireation of the f::rst power.

ARTICI.E VIII

()$Y.TGA`L`IOx oF^ t'HE TTJ,STEFS

The Trustees shall be under no dui.t or obligation to pay any or other charges ort the policies of life assesstmerats, preniums,:LnsLrance held by t.hem, nor give noti.cea of premiums, assessments, to the Grantor or any '[eneficiary. or rther chargesi ARTICLE 'IX

I,:mTATION oF POWERS

Notwithstanding any"•hing herein conta.i..ted to the contrary, no powe. -s anumerated herein or accorded to the :Crustees generally pur.aiant to law shall bp- construed to enaY ].:.. the Grantor or the Trasrhees, or any or'lall of them, or any ot:he:'r person, to purchase, exchange, or otherktise deal with less1than of the incideration in money cr money's worth, o:c to enable the Grantor, toborrow the capital or income of the tru^^ceusr^tte' Nore ind:Lrectly, without adeg;nate interest and y< person, othor than the Trurtees; shall have or exercise the power to vote or dire°ct the voting of, any stock or other securities of the trult, to control the irrvestments Of the t3v.st either by directing iriv9stsients or reii.wvestmestituting othex y propertyhofganany pro.peri:y of the trast bor sub equi,va:_ent value. F'urtxtermore no distribut:i.on of net income ar!d j or principal from aliY trust hereunder !u:!y take place for any reason where trust liat±:ilities exceed trus`: assets under generally at:ceept-3d accountingprm'%tices unless the d.i.atributee agrees to be %ss percoaslly liable to tki2 extent of such e^.^^otectinlatheetrusts° eaeters an other bes! ;:;ficiaries. d^..1; tar S ,

ARTICLE X

GtlVERNING LAW

ghis Trust Iredenture has been accept=c'9 by the Trustees and wi:.i te administered accordanco- Qh:io end it :land ae 7lgrights thereunder f s validity, cans sh!).11 be governed by tte laws Of the StattE of Ohio. The initial si':us of the Trust Progerty shall be in •t't.t?. state of Ohio. The Inl.epc°ndent Trust°te; tt,e Protector, if a:ay, and the income ained be:':•ef:.ciaries Of °^ach trust creat^a^^emreoV41Fl^otet,oaaay bYaatwrftten t:wr+nt!r-one (21) yaars oc°f age, by in^^trniment, signe3 and acknowledged by th(! aforesaid, designate a dif'fe::ent situs for su:a:h trust anywhere in the world.

ARTICLE XI

gEVERABILITY

if any provi.sion of this Trust Inde:nt:-wre, or the application . such provisiort to ^sny person or circwos•tance, shall be held oi' Trust inva3id or unenfareeavle, thremaindto gersons or cirl^stances or. tt.ethan applioation thqse astc of whichsuch provisionit is held invalid or unenforceable, o,_he^. s]xal7. not be affected thereby.

-14- ARTICLE XII

IRREVOC.ABILITY

qhis Trust Irtdentvare is irrevocable and the Grantor shall hacre ro right what;soever to alter, amend, revoke, or terminate th;_s 7rust indentttre, in whole or in part. By this Trust Inclent.ure the Gratntor intends to and doesa bereby relinquish ab:solutely all poe;session and enjoyment uf,, and the right to the inizomf, from the T>-ust Eroperty or any relr•€ rsionary interest th?re..m, and all right to designate the I?Ear.sons who shail possess or en:oy the Trust: Property or the income therefrom; and the Gr;antc,r shall have the! right at any time t.c^ release, renounce, or d.i:pcletim any inte:eest A hatsoever which mic;b.t be construed in d.eEau:.t of such i:nt:ent:i.on. Neither the are:ation of this Trust Indent:ure nor any distribution of income ca.• principal thereof s,h3.ll be deemed o:r convidered to dischargc: or relieve the Grantor, t:iE, sl>ouse, or th-efr ga'andchildren from a>ry legal obligation, if an},i:c support any deiirendent of theirs.

ARTICI,S XIII

CHILD, C.`tIILDREN AND LINEAZ ;97^'.SC'ENDANTS

(1) The Grant:or'•rs now living childr^=_aa are VALENTINE .>CFiu'RJLQ.Y,IELFr VERA 3CHAZO4tLIEU and AI,ERSEI a3CFiUROtBLIEU. References in thLs instrument to "grandchild" or ugrisndchildren" mean lawful blood descendants of tilie parent designat.e-3., and references to "ga:an3child," "grandchLidren," "great-grai.dchild," or "great- sgxeandchi.ldren" mean leraful blood descend.a:k'ts of the Grantor, and re2eranees to 01lineal:3escendants" mean 7.aaai`u1 blood descendants :Lr.. th$ first, sec.ond eir any other degrec: 7:[ the ancestor dcsigr>ated, provided, slways, however, t:hvta (a) Ad:opteO Children. An adopted grandchild and such ,aclopted grandchi3.d's lawful blood descencieLnts shall be considered in this instrument as lawful blood desccaidants of the adopting pairer.t or parente aztd of anyone who is 2>.t blood or adoption an anceator of the zidopting parent or of e:l•ther of the adopting ptGrer.ts and shall not be considered descendants of the adopted g>.anc,child's natural r-arents, except that tlie above shall not a2>p1y with respect to: an adopted grandcIiild of the Grantor and esceI't that where a gxandch.ild is adopt,>>:. by a spouse of one of h:ts <,r her natural pa,^ents such grandch.ETccl shall be considered a dr?scczndant of su4.h na$.ura1 parent as we.%.7, as a descendant of the aiiopi:ing parent; (b) Y+Larria,'cfe Pollowing A Divor•cse. A grandchild born to pexs+>ns who are openl}l living together a:i husband and wife after tte performance of a iiarriage ceremony bErt:ween them and such gx:anilchild's lawfulkti:.ood descendants sb.,ti7.l be considered in this iaist:-ument as lawful blood descendants ca:: such grandchild's

-15- 76 parents and of any a:,icestor of such grSU7dahildts parents, a:egardless of tYie faYt that a purportect cl.ivorce of one or both of e,vci: persons with reference to a prior Saerrriage is invalid.

(2) CHILD IN GISTATION. A grandc:lzi..ld in gestation, who is later born alivey shall be regarded in i;his instrument as a c{rar..dchild in beting during the period o:f gestation, in determining ir:hether any peretOn W9s died without leaving issue survivng him or her, and in determining, on the terminartl.on of any trust herc-under, whet,tier such grandchild is enf.itled to share in the ctisrasition of the then remaining princs:ipa:L and undist;ributed i:nac.me of such t:rust, but for other put.ry.oses such grandchild's rigtts shall accrue from date of birth.

(3) PER S7!IRPE;3 pISTRIBiJTION. Wherkever distribution or ctivision of True:t Property is to be made to or for the benefit of itesignated linenl deicendants "in equal. s,hares, per stirpes and :tot per capita,^' theproperty shall be distributed or divided, as t:he case may be, to the then living ch:.:tdren of the ancestor of t:3ie designated I.inea:l descendants and t:<: the lineal descendants of acay deceased children of the ancestor o:E the designated lineal ttescendants, so that,each then living chi.ld shall be credited with t::he share to which he would have been eentitled if all the children. of the ancestor were.then living, and the lineal descendants of e ny deceased child s9aall be credited w:.t h(€or further Clistribution or division) the share to srhir.h such deceased child yrould have been enti:tled if he were thfen living. Notwithstanding C>'hic Revised Code Section 2105.12, or any successor, in the event that there are rrothen living children 4;9: said ancestor, the c:;hildren of said ancestor shall be deeiaf_cl: then living so that the ).ine-al descendants of each deceased ch:.:Lct of said ancestor shall t:ake by way of representation through atvac:h deceased child even t:hou.gh deemed living (for further distr:ibution or division) the g::haze to which v.uch c9eceased child would have been entitled if he ware then livinct.

(4) TRIISfiIBS. References in thi:r instrument to "Trustees1P s:hail be deemed to include not only the original Trustee but also eny successor ox: additional Trustees, and all the powers and eliscretions vested ib the Trustees shall be vested in and c::Kexcisable by e;ny siaccessor or additional Trustees.

ARTICLE XIV

USAGE

Any word uesed in the singular, plurei.lP masculine, feminine or sieuter, shall be eit7aer singular, plural, anasculine, feminine or zo:uter, as the context may indicate.

-16- 17 ?3gTIC7.,E XV

The Trusteer> do 9iereby accept this 4:x-ust upon the terms set gcartla in this Trast Tiidenture.

IFI WITNESS 'WHEREOF, The Grantor and. 1:b.e Trustees have signed, s¢aalad, and ackncwleclcled this Trust Inde::itu.re, on the day and year f ^.rs t abcsve written.

^ x ^^C^^rJr wC^W SOPT,T2: SCHUROWLIEU, Grantor 7"?I 4HE PRESENCE OF:

c

VALENT7kFE SCHUROWLIEU, Trustee .CN ^'HE PRESENCE OFt

VEwS tiLYROWLTEU, Trustee _:Yd i':IE PRESENCE.OF: SCHEDULE A

Received $ this day of , 19 .

, Trustee

254.33(s):TR END-DOC FIXED-RATE CERTIFICATE OF DEPOSIT NON-NEGOTIABLE NON-TRANSFERABLE

CERTIFICATE TYPE: q GROWTH $] INCOME q

No. InitialIssueDate 3-16 1690

AccountTitle SOFIJA SCHUROWLIEU (TRUST) VALENTINE & VERA & AI.ERSEI SCHUROWLIEU (TRUSTEES) Initial Deposit $ B9 -000.00- Minimum Balance Requirement $ 2.500.00 Interest is simple/ compounded Initial Term/InterestRate 12tnQS/7'$0_-°b compounded

monthly InitialMaturityDate 11-21 19 90 interest is credited

See back inside cover for important lnformation.

W1TN^MRWet9 oEFG5R5 6RLANG! ow 6 MTEXesi

iV:.'si `=o<%iiV:.1Ji1 i^ - -9 T <<. { ___ FIXED-RATE CERTIFICATE OF DEPOSIT NON-NEGOTIARLE NON-TRANSFERABLE

q CERTIFICATE TYPE: q GROWTH ^91 INCOME

Initial Issue Date 3 ® I6--11990)

SCHUROFR.IEU (TRUSTEES) Minimum Balance Requirement$ ? 5_Qa initial Deposit $ 13,000-0^ Interestis simplei compounded n "°untied .-.- Initial Term/Interest Rate _I 2mfLSJ_J..$.^%

Initial Maturity Date1i-21--, 19 9Q Interest is credited month

See back inside cover for important information.

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q TRF FRO q ACCUMULATE q ANNUALLY q SEMIANNUALLY q OUARTERLY q MONTHLY

Q UEPGSIT TO

q RULES/REG9 XMASCK.DATE CLRAREO DY/DATE GIVEN VOC.NG.

8300 AGCOl1NTTm.E'L'HUILVLVLiL"NSJVC1ti

TYPE PASSBOOK

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2 Ol 1/11/05 tobook Deposit ***243.53 ***267.29 02 1/11/05 obook Deposit ****31.97 ***299.26 2 2 03 2/01/05 nterest ***299.39 04 2/11/05 obook Deposit ***243.53 ***542.92 2 2 05 2/11/05 obook Deposit ****31.97 ***574.89 2 06 3/01/05 nterest ***0.18 ***575.07 07 3/11/05 obook Deposit ***243.53 ***818.60 2 2 08 )3/11/05 obook Deposit ***31.97 ***850.57 2 0 09 3/16/05 it.hdrawal * **850.00 *****0.57 2 0 10 4/01/05 nterest ***0.13 ******0.70 2 0 11 4/11/05 obook Deposit ***243.5 ****244.23 2 c) 12 4/11/05 lobook Deposit ****31.9 ****276.20

2 0 13 4/29/05 ithdrawal * **275.00 ******1.20 8 14 5/01/05 nterest ***0•07 ******1'27 8 15 5/11/05 obook Deposit ***243.5 ****244.80 8 16 5/11/05 obook Deposit ****31.9 ****276.77 8 17 6/01/05 nterest ***0.08 ****276.85 8 18 6/11/05 obook Deposit ***243.5 ****520.38 8 19 6/11/05 obook Deposit ***31.9 ****552.35 8 0 20 6/21/05 ithdrawal * **550.00 *****2.35 1 0 21 7/01/05 nterest ***0.12 *****2.47 1 0 22 7/11/05 obook Deposit ***243.53 ****246.00 1 0 23 7/11/05 obook Deposit ****31.97 ***277.97 1 0 24 7/01/05 nterest. ***0.08 ****278.05 NAMEQnfi a Cn}inrnvIA e.+y^ n _o R- NO Valentine G. Schurowliew New Book Issued March 14,98 ACCOUNTTYPE __.__-_ ------.__- Daie Irvitii[Si Wi4oenwnts Dta05rs BnLnnce

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16 NAME Sofia_Schurowliew or_ Valentine G Schurowliew ACCOUNTTYPE New Book 5-9-00

eA Ancc D DEPOSiTa

5-9-00 BALANCE ROUGH FORWARID *90.66**^* : 'JUN - 5 2008

6 s, u PROBATE COURT OF CUYAHOGA COUNTY, OHIO John J. Donnelly, Presiding Judge EXHEBfT _. Corrigan, Judge OF SOFIJA SCHUROWLIEW

A-f 4f°^ 3AT eCOUV^l APPLICATION FOR APPOINTMENT OF GUARDIAN, COUFtT TO : EFCVE, ^ Y' ` ' nn{ll OFALLEGEDINCOMPETENT (R.C. 2111.03) I p^y n 9k `'^.®^b IMflv 3L 0 ~ IFil'ilig c4esk ^ peP° Ma t pet icant represents to theS Cofi owta Schurowliew that j aged years, resides87 or has a Icgal 5etttement at 4324 Leading Avenue; Cleveland, OH _ i, Cuyahoga County, Ohio and that the ^ age-relate d menta) or physical illness or prospective ward is incompetent by reason of (1LC.. 2111.o1(D)) disability so as to be incapable of taking proper care of herself and her property

A slatement of Iixpett Evaluation is attached.(Form 17.1) a

A list of Next of Kin of Proposed Wardis also Attacbed. (Form 15.(1) n ^^

Th e whole estate of the prospective wat'd is cstimat^s^£ }}k .rw"s: "^-^ ^ ^ PR08hTEC'w^^`^^ ^ ^l^ Personal property ...... ^ . . . . . ^. t. .^ ...... $ _ G!w.^G lieal Estate ...... E^ ^'1. .^ . ^. ^.(JU7. . . . .^ . . . $ Ut11Y 2 L 2008

AnnnalRcnts ...... un„A^COUSdTY^U:.:_^... $-A/ -

Other annual income . . . _ Vera Schurowliew j Applicant represents tbat ...... is . not . . an. .adminisnator, . . . . esecutor or other fiduciat'y of the estat whercin the alleged incompetent is interested.

Applicant offers the attached bond in the amount of $

Applicant fiuther represents that a guardian of the alleged incompetent is necessary in order that y`_ thc ward X ward's property may be taken proper care of and asks tlrat a guardiau be appointed. FEB 2 7 2OPQ 'l'YPE OF (3UARDIANSHIP APPLIED FOR IS

q q person only ( rQ ^ q Non-limited Qlitnited ® person and estate estate only

If limited guardianship is applicd for, tlre linzited powers requesi.ed are

The time period requested is ®indefinite El define to -- -- _ ^^- ^^-C,

Applicant's relationship to alleged incompetent is daughter

p,% . 'or Appointntent of Gnardian A d inco 12199 The applicant has (as not been charged with or convicted of a crime involving theft, physical violence, or sexual, alcohol or substance abuse except as follows (if applicable, state date and place of each charge or each conviction).

Attorney for Ap7licant Applicant Steven H. Slive Vera Schurowliew

Type or print name 1'ype or print name 526 Superior Ave., Suite 935 46 282-72-9665 Social Security Number Address Age Cleveland Ohio 44114 4080 Park Fulton Oval Apt 1034

City State Zip Strcet (216) 566-1111 Cleveland Ohio 44144

Phone nuniber (inclu(ie area code) City State Zip 0019212 (216) 536-5799

Snpreiuc Conrt Registration Number Phone number (include area codc)

91 WAIVER OF NOTICE AND CONSENT

We, the undersigned, do each of us hereby waive the issuing and service of notice, and voluntarily enter our appearance herein.

We do hereby consent to the appointment of Vera Schurowliew or some suitable person as guardian of Sofija Schurowliew

X t/ L <,-a-- ^

90 PROBATE COURT OF CUYAHOGA COUNTY, OHIO John J. Donnelly, Presiding Judge John E. Corrigan, Judge

OF SOFIJA SCHUROWLIEW IN THE MATTER OF THE GUARDIANSHIP

CASE NUMBER

NEXT OF KIN OF PROPOSED WARD (P..c. 2111.04)

(NOTE: Specify age and biithdate of each minor nnder 16 on the linc containing the minor's narne. List the name and a(ldress of the minor's parent, guardian, or enstodian on the name and address line following the ininor's address.)

13irthdate Service WaivXq Relationship of iVlinor Valentine Schurowliew son e ...... - Address 4323 Leading Avenue Cleveland, Ohio _ 7ip 44109 2. 0 Name Aleksei Schurowliew son Addres5 4323 Leading Avenue Cleveland, Ohio Zi} 44109

3. ® N tme Vera Schurowliew daughter-._-

Address 4080 Park Fulton Oval Apt. 1034 Cleveland, OH Zip 44144

4. q Namc..---- _. ._.... _._

Address - -- -_- Zip .__----

5. q Name

Address Zip

6. q Name

Address Zip

7. q Name ---^-

Address Zip ___._

8. q Name

Address

q Name ___.._ ^ .. .^ ..:. -

Address _ Z1P- _.__^^

10. q Name

Address

Appllc Date

Form 15.0- Next of Kin of RroposedWard

t APR 17 2008 -V4-^» io

^(^iP!^ TFJEAPR PROBATE COURT 17 2098 ^`w i0 DIVISIOW OF THE COURT OF COMMON PLE CllY^`U A C ^al s, (i. CUYAHOGA COUNTY, OHIO

IN THE MATTER OF CASE NO. 2007 GDN131077

SOFIJA SCHUROWLIEW, MAGISTRATE'S DECISION

ALLEGED INCOMPETENT

An Application for Appointment of Guardian of an Alleged Incompetent, a

Motion to Dismiss for Lack of Jurisdiction, a Motion to Dismiss Application for

Guardianship for Lack of Jurisdiction, a Motion for Protective Order and Motion to

Quash Subpoena, Motion to Dismiss Application for Guardianship, a Motion for

Civil Rule 35(A) Psychological Examination, a Motion to Strike, a Renewed Motion

to Dismiss or in the Alternative Motion for Continuance of April 8, 2008 Hearing,

a Motion to Discard & Quash the Alleged Transcript of Testimony of Mrs. Sofija

Schurowliew Taken on January 22, 2008, and a Supplemental Motion for

Continuance of April 8, 2008 Hearing all came to be heard on April 8, 2008.

Present at the hearing was Steven H. Slive representing Vera Schurowliew,

applicant for appointment of guardian. Also present was John W. Hickey

representing the respondent, Sofija Schurowliew . Also present was Stanley

Josselson representing Valentine Schurowliew, the respondent's son.

FACTS

The Application for Appointment of Guardian of Alleged Incompetent was

filed by the respondent's daughter on November 13, 2007. The application

provided no medical evidence relating to the respondent's need for a guardian.

PC 5atJ234'J Subsequently, the respondent filed a Motion to Dismiss for Lack of Jurisdiction

based on the fact that the application for appointment of guardian was not in

compliance with Rule 66 of the Rules for Superintendence for Ohio Courts,

requiring a statement of a physician or clinical psychologist regarding the

respondent's mental incompetency. The matter was continued on several

occasions to provide the parties the opportunity to determine the need for a

guardianship.

On December 20, 2007, the respondent filed a Motion to Dismiss the

Application for Guardianship based on her own physician's evaluation which was

dated December 13, 2007. This statement from Dr. Theodore Suh, MD,PHD.

indicated that the respondentwas suffering from sever rheumatoid arthritis limiting

the use of her arms and her legs. He further indicate she was competent to make

living decisions. Dr. Shu's evaluation indicated the respondent was functionally

disabled needing assistance with the basic daily activities, but not mentally

incompetent.

The applicant, Vera Schurowliew, employed Dr. Phillip Resnick as her

expert and requested an order from the probate court to require the respondent

to submit and fully cooperate with Dr. Resnick's evaluation of Mrs. Schurowliew.

She further requested an order by the court obligating Valentine Schurowliew, the

respondent's son, as attorney in fact for his mother, to release all financial records

involving Sofija Schurowliew.

The respondent also obtained a report from her doctor, Raymond J.

Scheetz. Dr. Scheetz provided a report and was available for testimony that he

2 13

PC SO1/P347 concurred with Dr. Suh's examination of Sofija Schurowliew and indicated that he

has observed her for fifteen years as a patient and has determined her to be

competent.

On January 27, 2008, Sofija Schurowliew was admitted to the Cleveland

Clinic for congestive heart failure. She was treated and released to a nursing home

on February 10, 2008. After being treated at Franklin Plaza Nursing Home she

was discharged to her home on February 14, 2008. She is presently recovering

at home from her medical ailments .

LAW

Ohio Revised Section 2111.03 requires an applicant for the appointment

of guardian to present clear and convincing evidence that the perspective ward is

incompetent and in need of a guardian to assist them with their affairs. In the

instant matter, the applicant has failed to provide any medical evidence regarding

the incompetency of Sofija Schurowliew. To the contrary Mrs. Schurowliew has

provided two reports from her own doctors indicating that she is physically

infirmed, but not mentally incompetent. The applicant has repeatedly sought

information regarding her mother's financial affairs as well as seeking access to

her mother through examination by her own expert.

The respondent has consistently objected to the appointment of a guardian.

She has obtained two medical reports indicating that she is mentally competent.

Her son Valentine has been acting as her attorney in fact through a power of

attorney which was previously granted. He has been providing her with care and

3 9y

P[: 50112^] companionship. The respondent's three children seem to be at odds over the

guardianship and struggle for control of their mother's financial resources,

however, the applicant has failed to provide medical evidence which is required

for the appointment of a guardian for a mentally incompetent adult.

To the contrary, the evidence that has been presented supports the

dismissal of the guardianship application. To require Sofija Schurowliew to submit

to a physical examination by the applicant's expert seem disruptive, invasive and

inappropriate due to the physical infirmities that the respondent is presently

suffering. There is no evidence that the respondent is being ill treated by her son

Valentine . There is no evidence that she has been financial exploited or abused

by her son Valentine, nor is there any evidence that she is mentally incompetent

and cannot handle her own affairs.

Should medical evidence be provided to indicate that Sofija Schurowliew

is no longer able to care for herself or is no longer mentally competent to make

decisions on her own behalf, an application can be filed with the Court for the

appointment of guardian for an adult incompetent. However, at the present time

the Application for Appointment of Guardian of Alleged Incompetent should be

dismissed. The dismissal of the guardianship application renders the other matters

before the Court moot.

RECOMMENDATION

Based on the foregoing facts and applicable law it is the recommendation

of this magistrate that the guardianship application be dismissed.

4

PC 6L)1f234] Pursuant to Civil Rule 53(D)(3)(b)(iv), a party shall not assign as error on

appeal a Court's adoption of any factual finding or legal conclusion of a magistrate,

whether or not specifically designated as a finding of fact or conclusion of law

under Civ. R.53(D)(3)(a)(ii), unless that party has objected to that finding or

conclusion as required by Civ. R. 53(D)(3)(b).

Respectfully subm

r, 6 APR 17 2008 Charles T. Brown Probate Magistrate

Copies mailed to:

Mark W. Biggerman, Esq. 29325 Chagrin Blvd., Suite 305 Pepper Pike, Ohio 44122

John M. Widder, Esq. Peggy Murphy Widder, Esq. 18231 Sherrington Road Shaker Heights, Ohio 44122

John W. Hickey, Esq. 3794 Pearl Road Cleveland, Ohio 4410^1^

Stanley Josselson, Esq. 1276 West 3`d Street Cleveland, Ohio 44113

Kelli Kay Perk, Esq. Cuyahoga Co. Prosecutors Office The Justice Center Court Tower 1200 Ontario Street Cleveland, Ohio 44113

5 96

P(; 50112347 IN THE PROBATE COURT CUYAHOGA COTJNTY, OHIO

VERA SCHUROWLIEW, Co-7'rustee, PRO13ATE COURT 4080 Park Fulton Oval, Suite 1034 s Cleveland, Ohio 44144, MAY 2 +3 2008

Plaintiff, BepoAtt d for Filing per Ya Deputy Clerk V. Z ° KY^ VALENTINE G. SCHUROWLIEW, 2008 ^TY' 0113693 Co-Trustee and as an individual, 4323 Leading Avenue Cleveland, Ohio 44109,

and JUDGE JOHN J. DONNELLY • JLJDGE JOHN E. CORRIGAN ALEKSEI SCF-IUROWLIEW, Co-Trustee, 4080 Park Fulton Oval, Suite 1034 Cleveland, Ohio 44144,

and COMPLAINT FOR TRUST ACCOUNTING AND OTIiER DOLLAR BANK, e/o Law/Legal Department, EOUITABLE RELIEF 3 Gateway Center 401 Liberty Avenue Pittsburgh, PA 15222,

and

CHARTER ONE, c/o Corporation Service Cotnpany, 50 W. Broad 1st, Suite 1800, Columbus, Ohio 43215,

and

UNKNOWN ANCIAI. INSTITU N(S) holdi funds contai or related t e "Sofija ch owliew Inco Trust," ress(es) ) un ovvn,

Defendants. Now comes Plaintiff, VERA SCHUROWLIEW, by and through her attorneys, Mark W.

Biggerman and Widder & Widder, and hcreby files her Complaint for an Aecounting and other equitable relief concerning the Inter Vivos Trust entitled, "'Ihe Sofija Schurowliew Income

Trust," (hereinafter known as "the Trust") dated February 11, 1990, which is marked as Exhibit

"A," attached hereto and made a part hereof..

1. Oti February 11, 1990, Sofija Schurowliew, Grantor, created the Trust.

2. Plaintiff and Defendants Valentine Schurowliew and Aleksei Schurowliew are Co- trustees of the Trust.

3. Sofija Schurowliew is the mother of the itiree Co-trustees.

4, Being a Co-trustee, Defendant/Co-Trustee Aleksei Schurowliew is named as a Defendant in this action for the reason that complete relief cannot be accorded among those already parties, Aleksei Schurowliew has an interest relating to the subject of this action, and is so situated that the disposition of this action in his absence may, as a practical matter, impair or impede Aleksei Schurowliew's ability to protect that interest.

5. Dollar Bank is named as a Defendant in this act^ollar Bank has an inter st^elatinglto cannot be accorded among those already parties, the subject of this action, and is so situated that the disposition of this action in Dollar Bank's absence may, as a practical matter, impair or impede Dollar Bank's ability to protect that interest. 6. Charter One is named as a Defendant in this action for the reason that complete relief' cannot be accorded among those already parties, Cliarter One has an interest relating to the subject of this action, and is so situated that the disposition of this action in Charter One's absence may, as a practical matter, impair or impede Charter One's ability to protect that interest. 7. Plaintiff has reason to believe that Defendant Dollar Baiik and Defendant Charter One may be hatidling funds related to the Trust. S. In addition to money, which Plaintiff believes to be held in various financial institutions, she is also aware of the existence of a number of U.S, Treasury Bills, the amounts of which and whereabouts are unknown. 9. Plaintiff is also aware of a parcel of real estate located at 4323 Leading Avenue, Cleveland, Ohio 44109, which was until recently in the name of the Grantor and/or the Trust. With regard to the real estate, a series of purported deeds were executed and filed witli the apparent intent of transferring title to Defendant Valentine.

Pursuantall of ought by DefendantlCo-trustee the co-ttru.teeof theNo consent has ever been must 2 Valentine Schurowliew of this Plaintiff.

11. nefend ^co trustee, ValentinerS hu owl ew, ha ailed to co ply with thislrequierem n gt.

12. Article VI, Section 9 of the Trust also provides that the Trustees are subject to having their accounts judiciallysettled at any time.

13. Defendant/co-trustee Valentine Schurowliew has undertaken actions affecting the Trust on his own, without the consent of the other Co-trust.ees. Soine such actions fall under the category of "self-dealing." WHEREFOAE, Plaintiff prays that this Honorable Court will:

1. Order Defendant/co-trustee Valentine Schurowliew to provide Plaintiff with an accounting of the Trustfrom its inception in 1990 to the present, including but not limited to U.S. Treasury Bills and real property; 2. That a permanent injunction be issued enjoining Defendant/Co-Tiustee Valentine Schurowliew from taking any actions affecting the Trust without the unanimous consent of the other co-trustees; 3. That Defendant/Co-Trustee Valentine Schurowliew be ordered to restore all real and personal Trust property removed by him without the unanimous consent of the other co-

trustees; 4. order that Defendant/co-trustee Vera Schurowliew obtain a Bond of twice the amount of the T'rust corpus. Order that Defendants Dollar Bank and Charter One freeze/hold all funds in the name of 5 . or related to the "frust. 6. Order that DefendantsDollar Bank and Charter One freeze/hold all funds in the name of or related to Defendant/Co-Trustee Valentine Schurowliew.

7_ That all costs and legal fees related to this suit, incurred by Plaintiff, be paid by Defendant/Co-Trustee Valentine Schurowliew; and

S. Grant other and further relief as may be just and necessary.

3 Respectfully submitted

Mark W. Biggerman (006 29325 Chagrin Blvd., Suite 305 Pepper Pike, Ohio 44122 (216) 475-5600 (216) 831-9526 {fax} mark cr,mblegal.com

and

John M. Widder (0015429) Peggy Murphy Widder (0034239) Widder & Widder 18231 Sherrind on Road Shaker Heights, Oliio 44122 (216) 402-5692

Attorneys for Plaintiff, Vera Schurowliew

4 I PPbE-AFE C&dRY cu#k- ttJt^^ t'i Y., Q. JUN 1 2 2008 IN THE PROBATE COURT CUYAHOGA COUNTY, OHIO

VERA SCHUROWLIEW, CASE NO. 2008 ADV 0136931

Plaintiff, JUDGE JOHN J. DONNELLY JUDGE JOHN E. CORRiGAN V.

VALENTINE SCHUROWLIEW, et al. . PLAINTIFF'S MOTION FOR TEMPORARY Defendants. . RESTRAINING ORDER

Pursuant to Civil Rule 65(A) and R.C. § 2727.02, Plaintiff/Co-trustee Vera Schurowliew respectfully moves this Court for a temporary restraining order as follows:

1. Enjoining and restraining Defendants Valentine Schurowliew, Dollar Bank, and Charter One from withdrawing, transferring, and/or otherwise disposing of any monies contained in any of the following financial accounts without the consent of Plaintiff/Co-trustee Vera Schurowliew:

C. All Dollar Bank and Charter One financial accounts containing monies related to and/or resulting from the Inter Vivos Trust entitled, "The Sofija Schurowliew Income Trust," dated February 11, 1990 (hereinafter known as "the Trust;" see attached Exhibit. A);

D. All Dollar Bank and Cbarter One financial accounts bearing the name(s) Valentine Schurowliew and/or Sofija Schurowliew; and

2. Enjoining and restraining Defendant Valentine Schurowliew from selling, transferring title, disposing of, or; otherwise altering or affecting in any way without the consent of Plaintiff/Co-trustee Vera Schurowliew:

A. The real property located at 4323 Leading Avenue, Cleveland, Ohio 44109.

B. Any personal property located at 4323 Leading Avenue, Cleveland, Ohio 44109.

lot I'he reasons in support of this motion are set forth in the attached memorandum.

Respeetfull submitted, _..----^ , /

Mark W )^i^g ' a (^)0 4092) 29325 Chagrin B uiye 305 Pepper Pike, Ohio 44122 (216) 475-5600 (216) 831-9526 {fax} mark cr rnblegal.com

and .

John M. Widder (0015429) Peggy Murphy Widder (0034239) Widder & Widder 18231 Sherrington Road Shaker Heights, Ohio 44122 (216) 402-5692

Attorneys for Plaintiff Vera Schurowliew

2 O'Lv MEMORANDUM OF LAW

On February 11, 1990, Sofija Schurowliew, Grantor, created the Inter Vivos Trust entitled, "The Sofija Scliurowliew Income Trust," (hereinafter known as "the "T'rust") dated

February 11, 1990, which is inarked as Exhibit "A," attached hereto and made a part hereof. As

Co-trustee and beneficiary, Plaintiff filed this Action for Trust Accounting and Other Equitable

Relief on May 23, 2008.

Plaintiff and Defendants Valentine Schurowliew and Aleksei Schurowliew are Co-

was the rnother of the three Co-trustees. trustees of the 'rrust. Sofija Schurowliew, deceased,

Article I, Paragraph (3) of the Trust provides that the Trust property must be divided into three

separate, equal shares upon' Sofija Schurowliew's death and that each Co-trustee inherits an

equal share.

Pursuant to Article Ii of the Trust, any act undertaken must be by unanimous consent of

all of the co-trustees. Contrary to this requirement, Defendant/Co-trustee Valentine has, on

numerous occasions, acted without the other Co-trustees' consent. (See attached Exhibits C-

Affidavit of Vera Schurowliew and attached Exhibit D-Affidavit of Aleksei Schurowliew). He

has attempted to transfer title to real property owned by the trust, located at 4323 Leading

Avenue, Cleveland, Ohio 44109, into his name, personally. Id.

Defendant/Co-trustee Valentine has also created financial accounts with Defendants,

Dollar Bank and Charter Orie, containing trust monies, and withdrawn, deposited, transferred,

and otherwise disposed of trust monies located in financial accounts with Defendants, Dollar

and attached Exhibit B-handwritten letter by Defendant/Co- Bank and Charter One. (See Id.

trustee Valentine). Based on information obtained, these include Dollar Bank account nunibers:

' ,^ C. All Dollar Bank and Charter One financial accounts containing monies related to and/or resulting from the Inter Vivos Trust entitled, "The Sofija Schurowliew Income Trust," ? dated February 11, 1990;

D. All Dollar Bank and Charter One financial accounts bearing the name(s) Valentine Schurowliew and/or Sofija Schurowliew; and

2. Enjoining and restraining Defendant Valentine Schurowliew from selling, transferring title, disposing of, or otherwise altering or affecting in any way without the consent of Plaintiff/Co-trustee Vera Schurowliew: A. The real property located at 4323 Leading Avenue, Cleveland, Ohio 44109.

Any personal properry located at 4323 Leading Avenue, Cleveland, Ohio 44109.

RespectfullySubm ted,

Markiarv^a96409^ 29325 Chagrin Blvd., Su46-305 Pepper Pike, Ohio,44122 .% (216) 475-5600 (216) 831-9526 {fax) [email protected]

and

John M. Widder (0015429) Peggy Murphy Widder (0034239) Widder & Widder 18231 Sherrington Road Shaker Heights, Ohio 44122 (216) 402-5692

Attorneys for Plaintiff Vera Schurowliew

6 PROBATE ^'^ r=' RECEIVED FOR tILiNG JUN 1 8 2008

0 CUYAHOGA COUNTY, 0.

IN THE PROBATE COURT CUYAHOGA COUNTY, OIIIO

CASE NO. 2008 ADV 0136931 VERA SCHUROWLIEW,

Plaintiff, JUDGE JOHN J. DONNELLY JUDGE JOHN E. CORRIGAN vV. VALENTINE SCH[JROWli.lEW, et al. . PLAINTIFF'S MOTION ^ . FOR PRELINIINARY INJiJNC'FiON Defendants.

Pursuant to Civil Rule 65(A) and R.C. § 2727.02, Plaintiff/Co-trustee Vera Sehw-owliew respectfully moves this Court for a preliminary injwiction as follows:

1. Enjoining and restraining Defendants Valentine Schurowliew, Dollar Bank, and Chatter One from withdrawing, transferring, and/or otherwise disposing of any monies contained in any of the following financial accounts without the consent of Plaintiff/Co-trustee Vera Schurowliew:

A. Dollar Bank financial accounts numbered:

B.

C. All Dollar Bank and Charter One financial accowits containing monies related to and/or resulting from the Inter Vivos Trust entitled, "The Sofija Schurowliew Income Trust;" dated February 11, 1990 (hereinafter known as "the Trust")`;

D. All Dollar Bank and Charter One financial accounts bearing the name(s) Valentine Schurowliew and/or Sofija Schurowliew; and

See attached Exhibit A.

ios' 2. Enjoining and restraining Defendant Valentine Schurowliew from selling, transferring title, disposing of, or otherwise altering or affecting in any way without the consent of Plaintiff/Co-trustee Vera Schurowliew: A. The real property located at 4323 Leading Avenue, Cleveland, Ohio 44109.

B. Any personal property located at 4323 Leading Avenue, Cleveland, Ohio 44109.

set forth in the attached memorandum. The reasons in support of this motion are Respectfu^ submitted,

Mark W. Bigge6aF1 {^00^04092) 29325 Chagrin Blvd., Suite 305 Pepper Pike, Ohio 44122 (216) 475-5600 (216) 831-9526 {fax} [email protected]

and

John M. Widder (0015429) Peggy Murphy Widder (0034239) Widder & Widder 18231 Sherrington Road Shaker FIeights, Ohio 44122 (216) 402-5692

Attorneys for Plaintiff Vera Schurowliew

2 1 06 MEMORANDUM OF LAW

L INTRODUCTION & FACTS

Plaintiff seeks a preliminary injunction for one simple reason. To temporarily freeze the assets and property related the Trust, the Estate of Sofija Schurowliew, and the former residence of Ms. Schurowliew onl until a legal solution can be reached.

On February 11, 1990, Sofija Schurowliew, Grantor, deceased, and mother of the three

Co-trustees, created the Trust2 Plaintiff and Defendants Valentine Schurowliew and Aleksei

Schurowliew are the Co-trustees.' Pursuant to Article II of the Trust, any act undertaken must be

by unan.imous consent of all of the co-trustees.°

Articte I, Paragraph (3) of the Trust provides that the 'IYust property nlust be divided into

three separate, equal shares upon Sofija Sehurowliew's death and that each Co-trustee inherits an

equal share.' Accordingly; Plaintiff and Defendants Valentine Schurowliew and Aleksei

Schurowliew are also beneficiaries under the Trust.

As Co-trustee and a beneficiary under the Trust, Plaintiff filed this action for 'frust

Accounting and Other Equitable Relief on May 23, 2008. Defendants Dollar Bank and Cbarter

One were named as parties ih this action because complete relief cannot be accorded among the

Co-trustees without Dollar Bank's and Charter One's inclusion, since they are in possession of

funds related to the Trust.

Virtually since the Trust's inception, Defendant/Co-trustee Valentine has consistently

Id. at 1. Id. at 2. Id. Id.

3 lei acted in violation of the Trust. On numerous occasions, he has unilaterally taken actions affecting the Trust without the unanimous consent of the other Co-trustees.` In one such example, he has attempted to transfer title to real property, owned by the trust, and located at

4323 Leading Avenue, Cleveland, Ohio 44109, into his name, personally.'

According to his own handwritten letter, DefendantlCo-trustee Valentine admitted that he also created financial accounts, containing trust monies, and withdrawn, deposited, transferred,

and otherwise disposed of trust monies with variousfiinancial insrihitions, including Defendants,

Dollar Bank and Charter One.$ Based on in£ormation obtained, these include Dollar Bank

account numbers:

lI. LAW & ARGUMENT

As explained by the Eighth District Court of Appeals:

In deciding -whether to grant a preliminary injnnction, a court must look at four factors: (1) whether there is a substantial likelihood that plaintiff will prevail on the merits, (2) whether plaintiff will suffer irreparable injury if the injunction is not granted, (3) whefber tbird parties will be unjustifiably harmed if the injunetion is granted, and (4) whether the public interest will be served by the injunction.

No one factor is dispositive. Cleveland v. Cleveland Elec. Illum. Co. (1996), 115 Ohio App.3d 1, 14, 684 N.E.2d 343. When there is a strong likelihood of succes`s on the merits, preliminary injunctive relief may be justified

6 See attached Exhibit C(A££idavit of Vera Schurowliew) and Exhibit D(Affidavit of Aleksei Schurowliew). The original affidavits were attached to and previously filed with PlaintiPP's motion for Temporary Rcstraining Order. Id. a See attached Exlribit B. 9 See attached Exhibits C and D. 1 0 See attached Exhibits C and D. 4 1® even tbough a plaintiffs case of irreparable injury may be weak. Id.°

First, not only is theje a substantial likelihood that PlaintifPwill prevail on the merits, the probability of success is virtually certain- By his own admissions, Defendant/Co-trustee

Valentine unilaterally undertook acts related to the administration of the Trust, such as transferring substantial amounts of money, without the consent of the other Co-trustees. Since such conduct is in direct contravention of Article II, Plaintiff should succeed on the merits of her case.

Second, it is extremely likely that Plaintiff will suffer the following irreparable injuries if the injunetion is not granted'

l. She will be unable to administer the responsibilities and duties iniposed upon her as Co-trusteeunder the Trust if Defendants Valentine Schurowliew, Dollar Bank, and Charter One are pennitted to dispose of the monies in any Dollar Bank and Charter One accounts containing trust monies without her consent; x0 2. She will be unable to administer the responsibilities and duties imposed upon her as Co-trusteeunder the Trust if Defendant Valentine Schurowliew is permitted to dispose of the real property owned by the trust, located at 4323 Leading Avenue, Cleveland, Ohio 44109, without her consent;

3. She will be unable to receive the proper equal share of Trust property to which she is eititlad as a beneficiary if Defendants Valentine Schurowliew, Dollar Bank, an.d Charter One are pennitted to dispose of the monies in any Dollar Bank and Charter One accounts containing tntst monies without her consent; and

4. She will be unable to receive the proper equal share of Trust property to which she is entitled if DefendantValentine Schurowliew is permitted to dispose of the real property owned by the trust, located at 4323 Leading Avenue, Cleveland, Ohio 44109, without her consent; and

5. She will be unable to obtain possession ancUor recover personal property which she owns, presently located at 4323 Leading Avenue, Cleveland, Ohio 44109, if Defendant Valentine Schurowliew is permitted to dispose of said personal property or the real property owned by the trust, located at 4323 Leading Avenue, Cleveland, Ohio 44109, without her consent.

Third, issuance of a preliminary injunction will not harm any of the parties. Defendants

" KLNLogistYcs Corp. v. Norton (e Dist.), 2008 -Ohio- 212, ¶¶ 12-13, 174 Ohio App.3d 712, 716-17.

5 Dollar Bank and Charter One are merely holding the funds at the discretion of the Co-trustees, who are already supposed to be restricted by the Trust from affecting trust property without their unanimous consent. Since the preliminary injunction would require no more than the unanimous consent of the Co-trustees todispose of the Trust property, no party would stand to be adversely affected.

Fourth, the public interest will be served. The prevention of co-trustees from acting outs,ide the authority grantedto them by a trust document comports with the intent of established

Ohio statutory and case law.

Finally, issuance of a preliminary injunction in this case is supported by analogous

the plaintiffs filed a complaint in the Hamilton County probate precedent. In Woodtum v. Iles,'r

Probate Court, alleging that the defendant had secreted, destroyed, or removed assets belonging

to the estate of Mildred Woodrum.13 The probate court granted a temporary restraining order,

prohibiting the defendant from selling, disposing, encumbering or otherwise transferring any real

or personal property of the trust involved, the Estate of Mildred Woodrum, or the former

residence of Ms. Woodrum.

Shortly, thereafter, the probate court converted the teniporary restraining order into a

preliminary injunction with identical terms and, on appeal, the First District Court of Appeals

upheld that decision, stating:

We hold that it was not an abuse of discretion for the probate court to decide that [defendant]'s removal of property from Leon Court was a transfer of the property. It is clear from the record that this is a complex case that involved heated dispuies, and that the restraining order was the probate court's attempt temporarily to &eeze the assets and property of the trust, the estate, and any property located at the former residence of Mildred M. Woodrum, until a legal

12 (Ohio App. 1 Dist-), 2003-Ohio-778, 2003 WL 366758.

" Id. at¶2,*1.

6 11 0 solution could be reached.'"

The circumstances in Woodrum v. lies are virtually identical to the present case.

Accordingly, the same principles are applicable here. Therefore, Plaintiff should also be entitled to a preliminary injunction.

III. CONCLUSION

The only reason Plaintiff seeks a preliminary injunction is to temporari-IY freeze the assets

and property related the Trust; the Estate of Sofkia Schurowliew, and the former residence of Ms.

Schurowliew until a legal solution can be reached. Specifically, Plaintiff respectfully requests

that this Court issue a preliminary injunction as follows:

1. Enjoining and restraining Defendants Valentine Schurowliew, Dollar Barilc, and Charter One from withdrawing, transferring, and/or otherwise disposing of any monies contained in any of the following financial accounts without the consent of Plaintiff/Co-trustee Vera Schurowliew:

A. Dollar Bank financial accounts numbered:

B.

C. All Dollar Bank and Charter One financial accounts containing rnonies related to and/or resultirlg from the Inter Vivos Trust entitled, "The Sofija Schurowliew Income Trust,'¢ dated February 11, 1990;

D. All Dollar Bank and Charter One financial accounts bearing the name(s) Valentine Schurowliew and/or Sofija Schurowliew; and

2. Enjoining and restraining Defendant Valentine Schurowliew from selling, transferring title, disposing of, orotherwise alt.ering or affecting in any way without the consent of Plaintiff/Co-trustee Vera Scliurowliew:

A. T'he real property located at 4323 Leading Avenue, Cleveland, Ohio 44109.

Any personal propertq located at 4323 Leading Avenue, Cleveland, Ohio 44109.

14 Id. 18, *2.

7

M Mark W. Mggermam (0 29325 Chagrin Blv<^ . Su Pepper Pike, Ohio 44122 (216) 475-5600 (216) 831-9526 {fax} [email protected]

and

John M. Widder (0015429) Peggy Murphy Widder (0034239) Widder & Widder 18231 Sherrington Road Shaker Heights, Ohio 44122 (216) 402-5692

Attorneys for Plaintiff Vera Schurowliew

CERTIFICATE Oh SERVICE the following individual(s) via A true copy of this Notice of Appearance was serv^don regular mail on June 18, 2008.

Stanley Josselson, Esq. Ilah Adkins, Esq. 1276 West 3rd Street Legal Department Cleveland, Ohio 44113 Charter One 1215 Superior Avenue Valentine Schurowliew Cleveland, Ohio 44112 4323 Leading Avenue Attozney for Defendant Charter One Cleveland, Ohio, 44109

Joseph Pudner Dollar Bank 1301 East Ninth Street Cleveland, Ohio 44114

8 PRf BAf E CEURT F D AUG 1 3 2008 N TI-IE PROBATE COUR'1' CUYANOGA COUNTY 0. CUYAHOGA COUNTY; 011I0

VERA SCHUROWLIEW, Co-Trustee. 4080 Park Fulton Oval, Suite 1034 Cleveland, Ohio 44144, tl ^/

and s ^G CASE NO. 2008 ADV 0136931 ALEX SCHUROWLIEW, Co-Trustee, 4080 Park Fulton Oval, Serite 1034 _l Cleveland, Ohio 44144, JLJDGE JOHN J. DONNELLY^^ lalc^t^^

Plaintiffs, JUDGL JOI-N E. CORRIGAN q1 da

V. MAGISTRATE CHARLES T. B VALENTINE G. SCHUROWLIEW, C^ " ^^ 'f-d3 Co-Trustee and as an individual, 4323 Leading Avenue Cleveland, Ohio 44109, , ;4q l0 AMENDED COMPLAINT and

DOLLAR BANK, c/o Law Department, 3 Gateway Center 401 Liberty Avenue Pittsburgh, PA 15222, ) J1JRY DEMAND ENDAORSED HEREON

and

) CHARTER ONF, ► ^ c/o Corporation Service Company, ( 0 50 W. Broad 1", Suite 1800, l Columbus, Ohio 43215, JAN 2 6 2o09 Defendants

Now coine Plaintiffs, VERA SCHUROWLIEW and ALEX SCHUROWLIEW,

by and through their attoineys, Mark W. Biggerman and Widder & Widder, and hereby

file their Amended Complaint as follows:

1130 FACTS AND DYNAMICS OF T'HE SCHUROWLIEW FAt1%TILY

1. ln the late 1980's Gregory Schurowliew and Sofija Schurowliew were an elderly couple living alone together in their home on Leading Avenue in Cleveland's near-Westside. They were the parents of three adult children, Valentine, Vera and Alex.

None of the children were living at home at that time.

2. Gregory Schurowliew was, in every way, the "ruler" of the entire family, and

Mrs. Schurowliew and alltlu•ee children were intimidated by and fearful of him. He was, in fact, physically and emotionally abusive towards his family.

3. During their marriage, Gregory never allowed his wife to drive a car, write a check, or even do the grocery shopping. Sofija was employed as a cleaning lady in a

Federal Government Building. When she would receive her paycheck, her husband would inunediately take it away from her.

4. When the fainily went anywhere in the car, Gregory always drove. He insisted that his oldest son V alentine sit in the front passenger seat, and required his wife, his daughter and yoi.mger son to sit in the back seat.

5. In November of 1988, Gregory Schurowliew died of a heart attack, leaving a widow who was physically and psychologically unable to care for herself alone. Sofija had severe rheumatoid arthritis which prevented her from walking alone. She was also

unable to do any tasks required of a person living alone. Because her husband had

always talcen her paychecks from her, she did not even know which President's picture

appeared on most bills (with the exception of the one-dollar bill whom she knew to bear

the picture of George Wasbington).

2 ' 6. Gregory Sclnrrowliew's Will left all of his Probate assets to his wife, a sum of approximately One Hundred Thirteen Thousand Dollars ($113,000.00). She had no idea how to handle these funds.

7. Because of her great needs, her younger son, Alex, who had been living in

Cleveland Heights at thc time and working on his degree at Case Western Reserve

University, immediately returned to live in the family home, where he assisted his mother

with the tasks of daily living such as grass-cutting, laundry, etc: (He also continued his

education receiving a degree in 1989).

8. Shortly thereafter, Sofija's dauglrter, Vera, returned from the University of

Cincinnati, where she had nearly completed her degree, but dropped out of school to

assist her mother. She, too, moved into the family home to assist her mother with

personal hygiene care, etc:, while her brother Alex did the other chores necessary.

9. About a year or two later, Valentine (tlie elder son) who had been living and

working in New York City, also returned to the fainily home. Valentine was a graduate

of both Case Westem Reserve University and the Wharton School at the University of

Pennsylvania, where he had received his MBA several years earlier.

10. Once Valentine arrived, he began trying to force his siblings to leave the

home. In the culture in whi.ch the Schurowliew family was raised, the oldest son takes

over when the father dies, becoming almost a"surrogate husband" to his widowed

mother. T'lzus, SoBja was willing to do, without question, anything that her elder son told

her to do (just as she had with her husband). Even Vera and Alex were intimida.ted by

their older brother.

3 i, 11. After a year or two, Valentine asked Vera to move out and find an apartment.

When she did not obey quickly enough, he enlisted the assistance of neighbors to encourage her to do so. She finally left the family home and moved into an apartment.

12. Valentine then began pressuring Alex even harder to leave. Alex insisted that he would not leave because lie did not feel that Valentine was providing their mother with the propcr care. Her conclition was rapidly worsening. Due to her rheumatoid arthritis, she had been unable to write, or even sign her name for approxiinately 15 years, and eventually became bed-ridden.

13. Furthur, Alex was beginning to suspect his brother, Valentine, of "conning" his niother out of her assets. Valentine went to law school at Westem Reserve Law

School after returning to Cleveland. His education was paid for with Ius mother's

money. He passed the Bar Exam and became an attorney, but did not practice law or

have any other occupation. Valentine then attempted a series of deeds to transfer his

ntother's house to himself.

14. At some point, Alex located an attorney to prepare an Inter Vivos Trust for

his mother which nlade all three children Co-Trustees and required their approval on all

decisions. Valentine, however, disregarded theses provisions entirely, making all

decisions without the consent, or even the knowledge, of his siblings. Despite the fact

that he, as a Co-Trustee, was in a Fiduciary capacity as to his mother, he moved lier

assets as he so desired, ignoring his Fiduciary duty.

15. At his Deposition, Valentine admitted that, at the time of his mother's death

in 2008, her assets (not including the residence, which he had transferred by probable

trickery) there existed approximately Four Hundred Twenty Thousand Dollars

4 A ^$420,000.00 in assets. Sofija believed that, regardless of any paperworlc wh ch may have been done with regard to her real and personal property, that all of her assets still belonged to her.

16. Valentine allowed Vera to come to the house weekly to bathe their mother, but kept her away at mostother times. When lie could not convince Alex to leave their mother in Valentine's sole care, he had Alex evicted from the horne. Sofija did not understand the eviction proceeding, since she continued to ask wliy Alex could not come to the house on a regular basis - and, in fact, why he could not still live in the house.

17. Sofija was very easily manipulated by Valentine. She had no knowledge of the extent of her assets. V alentine "coimed" her into moving her assets and, in fact, co-

mingled them and signed his sister's name to bank documents to put certain assets into

his own name, Individuall .

18. Valeritine became increasingly hostile, reclusive and secrefive over the years.

It appeared to be his main goal that he become the sole person that his mother relied

upon, shutting out her other children.

19. He displayed certain bizarre behavior, for exaniple, washing his mother's

clothing in buckets rather in the washing machine.

20. When it was time for Sofija to appear at her Guardianship Hearing, he made a

series of "flashcards" which he pasted up in front of her, telling her her age, her date of

birth, and her address, presumably with the idea that if she saw these constantly before

her, she might remember this inforniation in Court, regardless of any memory deficits.

21. As to the opinions of her doctors, it is to be understood that Sofija was

Russian-speaking (as is Valentine), but her doctors were not. Valentine accompanied his

5 - „ mother to her doctor appointments, translating what she said to the doctor, thereby making it inipossible for her doctors to accurately determine Sofija's mental status for purposes oPa Guardianship evaluation.

FACTS OF THE CASE

22. On February 11, 1990, Sofija Schurowliew, Grantor, created the Sofija'Trust.

23. Plaintiffs and Defendant Valentine Schurowliew are the children of Sofija

Schurowliew, Deceased

24. Plaintiffs and Defendant Valentine are Co-Trustees of the Sofija '1'rust:

25. Dollar Bank is named as a Defendant in this action for the reason that complete relief camiot be accorded among those already parties, Dollar Bank has an interest relating to the subject of this action, and is so situated that the disposition of this action in Dollar Bank's aUsence, may, as a practical matter, impair or impede Doliar

Bank's ability to protect that interest.

26. Charter One is named as a Defendant in this action for the reason that complete relief camiot be accorded among those already parties, Charter One has an interest relating to the subject of this action, and is so situated that the disposition of this

action in Charter One's absence may, as a practical matter, impair or impede Charter

One's ability to protect that interest.

27. Defendants Dollar Bank and Charter One are handling funds related to this

action.

6 rt 28. Plaintiffs have reason to believe that several otlier unknown financial institutions are also handling funds related tot his action. However, Plaintiffs could no1. discover their names.

29. In addition to money, which Plaintiffs believe to be held in various fmancial

institutions, they are also aware of the existence of a number of U.S.'freasury Bills, the

amounts of which and whereabouts are unknown.

30. Plaintiffs are also aware of a parcel of real. estate located at 4323 Leading

Avenue, Cleveland, Ohio, 44109, which was until recently in the naine of the Grantor

and/or the Sofija Trust. With, regard to the real estate, a series of purported deeds were

executed and filed with the apparent intent of transferring title to Defendant Valentine

Schurowliew.

31. Pursuant to Article II of the Soiija Trust, any act undertalcen must be by

unanimous consent of all the co-trustees. No consent has ever been sought by

Defendant/co-trustee Valentine Schurowliew of these Plaintiffs.

32. Article VI, Section 9 of the Sofija Trust requires the Sofija Trustees to make

an annual accoimting. Defendantlco-trustee, Valentine Schurowliew, has failed to

comply with this requirement.

33. ArticleVI,Section9of$ieSofijaTrustalsoprovidesthattheSofijaTrustees

are subject to having their actions judicially settled at any time.

34. Defendant'/co-trustee, Valentine Schurowliew, has undertaken actions

affecting the Sofija "1'rust on his own, without the consent of the otlier Co-trustees. Some

such actions fall under the category of "self-dealing".

7 1^^ ACTION FOR ACCOUNTING

35. Plaintiffs incorporate the preceding paragraphs.

36. An Accounting concerning the Inter Vivos Trust entitled, "The Sofija

Schurowliew Income Trust," (hereinafter larown as "the Sofija Trust") dated February

11, 1990, which is marlced as exhibit "A", attached hereto and made a part hereof.

37. OnFebruary 11, 1990, Sofija Sehurowliew, Grantor, created the Sofija Trust.

38. Plaintiffs arid Defendant Valentine Schurowliew are Co-Trustees of the Trust.

39. Sofija Schurowliew is the mother of the three Co-Trusteas.

40. Dollar Bank is named as a Defendant in this action for the reason that

complete relief cannot be accorded among those already parties, Dollar Bank has an

interest relating to the subject of this action, and is so situated that thc disposition of this

action in Dollar Banlc's absence may, as a practical matter, impair or in2pede Dollar

Bank's ability to protect that interest.

41. Charter One is named as a Defendant in this action for the reason that

conlplete relief cannot be accorded among those already parties, Charter One has an

interest relating to the subject of this action, and is so situated that the disposition of this

action in Charter One's absence may, as a practical matter, impair or impede Charter

One's ability to protect that interest.

42. Plaintiffs have reason to believe that Defendants Dollar Bank and Charter

One are handling funds related to the Trust.

8 10100 43. In addition to money, whicti the Plaintiffs believe to be held in various financial institutions, they are also aware of the existence of a ninnber of U.S. Treasury

Bills, the amounts of' which and whereabouts are unknown.

44. Plaintiffs are also aware of a parcel of real estate located at 4323 Leading

Avenue, Cleveland, Ohio, 44109, which was until recently in the name of the Grantor airdlor the Trust. With regard to the real estate, a series of purported deeds were executed and filed with the apparent intent of transferring titl e to Defendant V alentine.

45. Pursuant to Article Il of the Trnst, any act undertaken must be unanirnous consent of all of the co-trustees. No consent has even been sought by Defendant/Co-

Trastee Valentnie Schurowliew of these Plaintiffs.

46. Article VI, Section of the Trust requires the trustees to malce an annual

accounting. Defendant/co-trustee, V alentine Schurowliew, has failed to comply with this

requirement.

47. Article VI, Section 9 of the Trust also provides that the Trustees are subject to

having their accounts judicially settled at any time.

48. Defendant/co-trustee, Valentine Schurowliew, has rmdertalcen actions

affecting the Trust on his own, without the consent of the other Co-trustees. Some such

actions fall uuder the category of "self dealing".

CONCEALMENT AND EMBEZZLEMENT OF ASSETS

49. Plaintiffs incorporate the preceding paragraphs.

50. Plaintiffs are persons interested in both Sofija's Estate and the Sofija Trust.

9 51. Defendant Valentine withdrew, concealed, embezzled, conveyed away, imperniissibly possessed, dispose, and/or made personal use of property, funds, assets, things, and/or monies exclusively or partially owned by and/or belonging to Sofij a during her lifetime and/or Sofija's Estate and/or the SoGja "Trust.

52. Plaintiffs request that this Court forthwith proceed to hear this matter and deternrine and resolve all questions of title for all property, funds, assets, things, and/or monies exclusively or partially owned by and/or belonging to Sofija during her lifetime and/or Sofija's Estate and/or the Sofija Tiust: Including, but not limited to, all bank accounts, joint and survivorship accounts, payable on death accounts, U.S. treasury bills, and the parcel of real estate located at 4323 Leading Avenue.

53, Plaintiffs request that this Court determine the validity of all inter vivos gifts and transactions made by Sofija to Defendant Valentine Schurowliew.

54. Plaintiffs request that this Court assess the amount of damages to be recovered and order the return/restoration of all property, funds, assets, things, and/or

monies which Defendant Valentine witlydrew, concealed, embezzled, conveyed away,

impercnissibly possessed, disposed, and/or tnade personal use of.

55. Plaintiffs request that this Court render judgment in favor of Plaintiffs, and

against Defendant V alentine Schurowliew, for the amount of the monies and/or the value

of the chattels and or chooses in action he withdrew, concealed, embezzled, conveyed

away, impennissibly possessed, disposed, and/or made personal use of, together with ten

percent (10%) penalty andall costs related to this Complaint and these proceedings.

10 '2:10 BREACI3 OF FIDUCIARY DUTY

56. Plaintiffs incorporate the preceding paragraphs.

57. A confidential/fidaciary relationship existed between Defendant Valentine and Sofija Schurowliew, which continued until Sofija's death.

58. Defetidait Valentine breached this duty.

59. A confidential/fiduciary duty existed and still exists between Defendant

Valentine and the Plaintiffs.

60. Defendant Vatenth-te breached this duty.

61. As a Yesult ofDefendant Valentine's conduct, Plaintiffs suffered damages.

NEGLIGENCE

62. Plaintiffsincorporate the preceding paragraphs.

63. As a result of Defendant Valentine's breach of his fiduciary duties as described above, his conduct also constitutes negligence.

64. As a result of Defendant Valentine's negligence, Plaintiffs suffered damages.

FRAUD y^

65. Plaintiffs incorporate the preceding paragraphs.

66. Despite having a duty to disclose mat'erial facts, Defendant Valentine

the Plaintiffs. knowingly made false and/or misleading representations to Sofija and

67. Defendant Valentine lcnowingly concealed material facts from Plaintiffs.

11 I 68. Defendant Valentine knowingly concealed mislead Plaintiffs irrto relying upon his conduct.

69. Defendant Valentine acted with such utter disregard and recklessness that knowledge may be inferred.

70. Plaintiffs justifiably relied on Defendant Valentine, his representations, and conduct.

71. As a result Defendant Valentine's conduct, arrd Plaintiffs' reliance tllereon,

Plaintiffs suffered damages.

CONVERSION t

72. Plaintiffs incorporate the preceding paragraphs.

73. Defendant Valentiiie wrongfully withdrew; concealed, embezzled, conveyed away, impermissibly possessed, disposed, and/or made personal use of property, ftinds, assets, things, and/or monies in which Plaintifis had/have an interest.

74. Defendant Valentine's conduct caused Plaintiffs to suffer damages.

REMOVAL OF FIIDUCIARY

75. Plaintiffs incorporate the preceding paragraphs.

76. Defendant Valentine's conduct constitutes neglect of duty, in competency, and/or fraud.

77. The interest of the Sofija Trust demands that Defendant Valentine be removed as Co-Trustee.

12 1 78. The Court should remove Valentine as fiduciary/trustee pursuant to R.C.

Section 2109.24, which states that if a majority of the Beneficiaries denland said

Renioval, the Court is obligated to remove him.

TORTIOUS INTERFERENCE WITHEXI'ECTANCY OF INHERITANCE 9

79. Plaintiffs incorporate the preceding paragraphs.

80. Plaintiffs possess a legitimate expectancy of inheritance.

81. Defendant Valentine interfered with Plaintiffs' expectancy of inheritance through fraud, as described above.

82. Defendant Valentine also interfered with Plaintiffs' expectancy of inheritance tln•ough duress as follows: Sofija's actions were involuntary, the circumstances, which were caused by Defendant Valentine, permitted no other atternative.

83. Defendant Valentine also interfered with Plaintiffs' expectancy of inheritance through duress as follows:, Sofija was susceptible to undue influence, Defendant

Valentine had an opportunity to and exerted improper atid undue influence over Sofija, and the result shows the effedt of such influence.

84. Plaintiffs had/fiave a reasonable certainty that their expectancy of inheritance would have been realized, but for Defendant Valentine's interference.

85. Plaintiffs havesuffered damages as a result of Deferidant Valentine's

interference with their expectancy of inheritance.

13 WHEREFORE, Plaintiffs pray that this Honorable Court will find Defendant

Valentine guilty of the above-mentioned counts, and assess a penalty of ten percent

(10%) per Statute, and will:

Order Defendant Valentine to provide Plaintifis with an accounting of the Sofija

Trust from its inception in 1990 to the present, including but not limited to U.S. Treasury

Bills and real property.

Order that a permanent injunction be issued enjoining Defendant Valentine from

taking any actions affecting the Sofija Trust without the unaniinous consent of the other

co-trustees;

Order that Defendant Valentine be ordered to restore all real and personal

property removed by him properly belonging to the Sofija Trust and/or Sofija's Estate;

Order that Defendants Dollar Bank and Charter One freeze/hold all funds in the

name of or related to the Sofija Trust.

Order that Defendants Dollar Bank and Charter One freeze/hold all funds in the

name of or related to Defendant Valentine.

Order that Plaintiffs are entitled to compensatory and punitive damages to be paid

by Defendant Valentine;

Order that all costs, legal and attolneys' fees related to this suit be paid ny

Defendant Valentine;

Remove Defendant Valentine Schurowliew as Trustee/fiduciary; and

Grant other and further relief as may be just and necessary.

14 JURY DEMAND

Plaintift's demand a trial by Jury on all counts triable to a Jury.

Respectfu" bmitted,

Mark W.14iggennan (Reg. No. 0064092) 29325 Chagrin Boulevard,Suite 305 Pepper Pike, Ohio 44122 Phone (216) 475-5600 Fax (216) 831-9526 [email protected] and

John M. Widder (Reg. No.-0015429) Peggy Murphy Widder (Reg. No. 0034239) Widder & Widder 18231 Sherrington Road Shaker Heights, Ohio 44122 (216) 402-5692

Attorneys for Plaintiffs

CERTIFICATE OF SERVICE

A tnte copy of this Amended Complaint was served on the followin hand-delivery on Aug_ust 13 , 2008.

Mark W. Biggern (00649

Stanley Josselson Adam M. Fried 1276 West 3`d Street, Suite 411 Reminger Co. LPA. Cleveland, OH 44113 1400 Midland Building Attorney for Defendant Valentine 101 West Prospect Aventie Cleveland, Ohio 44115 Marie O. T'yminski Attorney for Dollar Bank Giffen & Kaminski, LLC 1717 EastNinth Street, Suite 2100 Cleveland, OH 44114 Attorney for Charter One 11,0 15 HROBATECOURT OF Cl1YAHOGA COl1NTY, Ohio JOHN J. DONNELLY, Presiding Judge JO0AI;:E.;C--Pp,,gI0AN, Judge ;C r, 1 SUBPOENA THE STATE OF OHIO ss. '2: tt 8 i[ID? HP 2q P EXHIBtT Cuyahoga County

LtJ A14J-o. 2008 ADV 0136931 Vera Schurowliew et al. h Plaintiff Judge John J Donnelly vs. Judge John E. Corrigan Valentine G. Schurowliew et al.

To Bank of America a.k.a. MBNA c/o CT Corporation Custodian of Records 1300 E. 9 th Street CIe veland Ohio 44114 to testify as,witness on behalf of the (PLAINTIFFI Cuyahoga County [J YOU ARE COMMANDED to appear in the RsobataCu::rtof of law. Your app earance is in the above entitled case and not depart the Court without leave. Fail not underNo. penalty of the Cuyahoga County _ at _ M. in Cou rtroom DEFENDANT) _ _ required on the day ofOhio 44113.20 Courthouse, One Lakeside Avenue, Cleveland, TI^E above case. YOU ARE COMMANDED to appear at the place, date and time specified below to testify at the taking of deposition q DATE PLACE OF DEPOSITION e and permit inspection, copying, testing or sampling ofthe following documents or objects at the YOU ARE COMMANDED to produc (list documents or objects): place, date, and time specif ed below wliow Copies of all documents related in an wa to Sofi a Schu D O B Au ust 3 1958 . Th 68 houdld inOcBudeebut not?mited2o: 0091 and . _ t related to and Valentine G. Schurowliew documen s ents related to account numbers 3) documents related to Insurance po Icle Octobe r 15. ?0^g Boulevard Suite 305, e er Pike Ohi? DATE 29325 Ch PLACE to permit inspection of the following premises at the date and time specified beio'r!. q YOU ARE COMMANDED TIME DATE PREMISES witnesses mustreport each attendance to the Clerk of Court of Probate Coud Cuyahoga County. Section 2335.06 of the Ohiofees, Revised Code provides ihatwifnesses are entitled to receive $12.00 for each full daVs attendance and $6.00 for each half To insure taxation of theirten cents per mile traveled to and from his place of residence outside of the City of Cleveland propec Such fees are taxed as costs day s attendance, plus and mailed to the witness upon payment of the costs. Pe er Pike Ohio 441221216 570-3145 29325 Cha rin Boulevard Suite 305 , Mark W. ^I q_ ADDRESS ATTORNE N E september29 2008 G ^ Plaintiff_5 _-- REPRESENTING 2 g 2U0^ °A^

FORM PC TO 105-1 01/100 HE SIATE o F OHIO ss.

:UYAHOGA COUNTY ,ffidavil of Service of Subpoena by Sheriff or Officer, Attorney or Private Person

20 17Y Cn the ^I day of 31'f T se rved)his Subpoena on the within named:

s follows: Lrrr la,ATid^^.r to /^^^zur>LC

SHERIFPS FEES $ 61(940 ay ',ervice on De Sheriff/Attorney Copy Miles Travel Subscribed and sworn to before me, a Return This day of , 20

Vitness entitled to miles

tULE 45. RULES OF CIVIL PROCEDURE, Parts C & D: (C) REQUIRES DISCLOSURE OF AN UNRETAINED EXPERT=S (C) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS OPINION OR INFORMATION NOT DESCRIBING SPECIFIC EVENTS OR (1) A PARTY OR AN ATTORNEY RESPONSIBLE FOR THE ISSUANCE OCCURRENCES IN DISPUTE AND RESULTING FROM THE EXPERT=S ,ND SERVICE OF A SUBPOENA SHALL TAKE REASONABLE STEPS TO STUDY MADE NOT AT THE REQUEST OF ANY PARTY; ,VOID IMPOSING UNDUE BURDEN OR EXPENSE ON A PERSON (d) SUBJECTS A PERSON TO UNDUE BURDEN. ;UBJECT TO THAT SUBPOENA. (4) BEFORE FILING A MOTION PURSUANTTO DIVISION (C)(3)(d) OF (2)(a) A PERSON COMMANDED TO PRODUCEAND PERMIT IN- THIS RULE, A PERSON RESISTING DISCOVERY UNDER THIS RULE IPEGTION AND COPYING OF DESIGNATED BOOKS, PAPERS, SHALL ATTEMPT TO RESOLVE ANY CLAIM OF UNDUE BURDEN tOCUMENTS, OR TANGIBLE THINGS, OR INSPECTION OF PREMISES, THROUGH DISCUSSIONS WITH THE ISSUING ATTORNEY. A MOTION JEED NOT APPEAR IN PERSON AT THE PLACE OF PRODUCTION OR FILED PURSUANTTO DIVISION (C)(3)(d) OF THIS RULE SHALL BE SUP- VSPECTION UNLESS COMMANDED TO APPEAR FOR DEPOSITION, PORTED BY AN.,AFFIDAVIT OF THE SUBPOENAED PERSON OR A 1EARING OR TRIAL. CERTIFICATE OP YHAT PERSON-S ATTORNEY OF THE EFFORTS MADE (b) SUBJECT TO DIVISION (D)(2) OF THIS RULE, A PERSON COM- TO RESOLVE ANY CLAIMOF UNDUE BURDEN. AANDED TO PRODUCE AND PERMIT INSPECTION AND COPYING MAY, (5) IN CASES UNDER DIVISION (C)(3)(C)OR (C)(3)(d)OF THIS RULE, VITHIN FOURTEEN DAYS AFTER SERVICE OF THE SUBPOENA OR THE COURT SHALL QUASH OR MODIFY THE SUBPOENA UNLESS THE 3EFORE THE TIME SPECIFIED FOR COMPLIANCE IF SUCH TIME IS LESS PARTY IN WHOSE BEHALF THE SUBPOENA IS ISSUED SHOWS A "HAN FOURTEEN DAYSAFTER SERVICE, SERVE UPON THE PARTYOR SUBSTANTIAL NEED FOR THE TESTIMONY OR MATERIAL THAT CANNOT kTTORNEY DESIGNATED IN THE SUBPOENA W RITTEN OBJECTIONS TO BE OTHERWISE MET W 1THOUT UNDUE HARDSHIP AND ASSURES THAT NSPECTION AND COPYING OF ANY OR ALL OF THE DESIGNATED THE PERSON TO WHOM THE SUBPOENA IS ADDRESSED WILL BE AATERIALS OR OF THE PREMISES. IF OBJECTION IS MADE, THE PARTY 3ERVING THE SUBPOENA SHALL NOT BE ENTITL- EDTO INSPECT AND REASONABLY COMPENSATED. (D) DUTIES IN RESPONDING TO SUBPOENA. ;OPY THE MATERIALS OR INSPECT THE PREMISES EXCEPT PURSUANT (1) A PERSON RESPONDING TO A SUBPOENA TO PRODUCE fO AN ORDER OF THE COURT BY W HICH THE SUBPOENA WAS ISSUED. DOCUMENTS SHALL PRODUCE THEM AS THEY ARE KEPT IN THE F OBJECTION HAS BEEN MADE, THE PARTYSERVINGTHE SUBPOENA, USUAL COURSE OF BUSINESS OR SHALL ORGANIZE AND LABEL THEM JPON NOTICE TO THE PERSON COMMANDED TOI PRODUCE, MAY TO CORRESPOND WITH THE CATEGORIES IN THE DEMAND. A v1OVE ATANYTIME FOR AN ORDERTO COMPEL THE PRODUCTION. AN PERSON PRODUCING DOCUMENTS PURSUANT TO A SUBPOENA FOR DRDER TO COMPEL PRODUCTION SHALL PROTECT ANY PERSON WHO THEM SHALL PERMIT THEIR INSPECTION AND COPYING BY ALI. A SP FROM AN OFFICER PARTIES PRESENT AT THE TIME AND PLACE SET IN THE SUBPOENA FROM N COPYING XPENSE PRESU o NG FOR INSPECTION AND COPYING. DOMMANDED. (2) WHEN INFORMATION SUBJECT TO A SUBPOENA IS WtTHHELD (3) ON TIMELY MOTION, TIiE COURT FROM WHICH THE SUB- ON A CLAIM THAT IT IS PRIVILEGED OR SUBJECT TO PROTECTION AS ^OENA WAS ISSUED SHALL QUASH OR MODIFY THE SUBPOENA, OR TRIAL PREPARATION MATERIALS, THE CLAIM SHALL BE MADE DRDER APPEARANCE OR PRODUCTION ONLY UNDER SPECIFIED EXPRESSLY AND SHALL BE SUPPORTED BY A DESCRIPTION OF THE ^ONDITIONS. IF THE SUBPOENA DOES ANY OF THE FOLLOWING: NATURE OF THE DOCUMENTS, COMMUNICATIONS, OR THINGS NOT (a) FAILS TO ALLOW REASONABLE TIME TO COMPLY; PRODUCED THAT IS SUFFICIENT TO ENABI.E THE DEMANDING (b) REQUIRES DISCLOSURE OF PRIVILEGED OR OTHERWISE PROTECTED MATTER AND NO EXCEPTION OR WAIVER APPLIES; PARTY TO CONTEST THE CLAIM. iA PROBATE COURT F I L E D Probate Court of Cuyahoga County NOV - 5 2006 Division of the Court of Common Pleas CUYAHOGA COUNTY, 0.

VERA SCHUROWLIEW, 2008 ADV 136931 Plaintiff, CASE NO. vs. VALENTINE G. SCHUROWLIEW, et al., JUDGMENT ENTRY Defendants.

This matter came on for pretrial on November 5, 2008. Pursuant to Rule 16 of the Ohio Rules of Civil Procedure it is hereby ORDERED that: 1. Counsel for the parties shall exchange in writing, with a copy to the Court; no later than December 29, 2008, a witness list which shall include the names and addresses of all witnesses expected to be called to testify at trial;

2. All discovery in this case shall be completed no later than December 29, 2008.

3. The final pretrial is set for January 12, 2009 at 9:00 a.m.;

4. Litigants must be present.

5. The trial is set for January 22, 2009 at 9:00 a.m.

Failure of counsel or any party to comply with the provisions of this order may result in dismissal, default, or the imposition of sanctions. IT IS SO ORDERED.

PC-61AB29

' pRURi F i ! E D NOV 2 0 2fl08

CUYAHOGA ^ IN THE PROBA'1.'E COURT cU-YAT-iOr,A C{AL'.tv"ZX> OkI1iJ

VERA SC.HUROWNLIEi&', et Pla'int^^1's, CASE NO. 24t38 A^DV 0 136931.

if,ThGE 3ok?N E. CQRRZCAN

vAL,ENZ'iNT- ^CgIL^OW^ T^w', et al. t)MEfd C(3?vTI'tL 1NG AzSt,CAVETzI' DEfenrianrs. NOV G Q 2008 'Itzi.s cause cazne c^n for coasideration of Plaintzffs' awdat: to compel discoF-ery. It is hereby, ordered, adjudaerl, and decreed that: l Defendant Valcniine shall exeoute all written authozizadons necessary to lzaRc the 1RS YeyeasE .a11 tax. xecords related t.a the Sa'Ija Schurow^liew i^zcome Trust and SaS; a Schuzotvliew for the years 1990•2007 to S'laintiffs, 2 l7eEendant VaJentine shaLl execute all writtem autl Grizsiioas necessaty to have the IRS in r.^msra, by this release ^,is personal tax records for the yea.xs 2005°20C^ i to be viGwed Cout 3, Defendant 1'ateatine shall exccute a3i w-ritt.en. autriorizalions neoessary to has°e the Federal Reserve Baz^.ti. release aIl records celated to Sofja 5rhutnw•1.•ew and I'reasury. Bills owned by hez at any time to Plaintiffs. recei.v zg 4. Plaiiaiiffs slla&1 be entitled to c.onclude Def ndazif Vaientine's depbsition after the doci:naents m.entivned in this t?r.der-

NOV i 0 2D08 /I ,T r)(--T7

^ ^ - ^.^..^---•-_.,,^, ,s^-^--^------lvZa& W. Big Attomey for Pl.ainti

1 3 1 :roCOlhpalUSeOhtY :^^^:' ^ ^ ^ ' -'^ yyilEw_t Customer Name; :; : SOFPJ,4: : sCNURo PDFb659E -^^ Departnrnt ofthe Treasury AUTHORIZATION FOR RELEASE OF INFORMATION Bumsu of U+e Pubrc oeM (Re.ieea Novembec 2p05)

MSPQRTANT YoU 'should be^ ^a`vvare''tfiat:the makirig; of scry fatse, ficbbous, or fiaodGient c)af!p or sb. msnt to tYie, UtrttBtlY States Is a crTitie that i& pui+ishatT}e 6y,ftne and/or5mpnsoni^i®nt PRiNT.iF1INK OR7Yi'i AtC (i¢ORwIA7iON

UROWLJEW; 4323 Leading Avenue; Cieveiand,.Ohio, .:; (Nameafpetsbnauthonzingtherelease,ofinfonnaSon)

.:. . . . :. :: ::_. au#hortze the Bureau bf the Pubi+o DeYit, ParkersbUrg; UW to release aif inYorm

6616 44122. &fARK W BIGGER1utAN> 293^5 Ghagno Svd; 90 305, PeBPer Pike, jNahSe Af person.iq whom mfwmat&sn may be released)

JOMN Ei WiDDER 98231 Sh6rrlrig'tp» ltoad; Shaker Heights, Ohio 44122 iNari e of person to whom infom^at on may be releaseo3 ;;

conGeming Uniked^tatessecurities on which I am narned orto wh!ch I am snUt(ed.

_...... _ _ _ , natbceof{ieisonauNiormngt}S@re uifo atior+J^.+ ^:;:.:

1 Subject: Re: Estimate of Record Productioa Froms [email protected] 6ate: Fr3, Jan 03, Z4Q9 3:46 pm To: [email protected]

Dear W. Biggerman,

This is to confirm that your summary of our conversation is accurate-once we have received an authorization for release of records signed by the account owner (or someone authorized to act on his/her behalf), it may take as much as 4-6 weeks to locate the types of reoords you seek, which include copies of documents requesting changes in account registrations. And while the authorization need not include the account number or SSN of the account owner, we must have either a complete account number or the primary owner's complete SSN in order to search our records,

Lisa Martin Attorney-Adviser Office of the Chief Counsel Bureau of the Public Debt U.S. Department of the Treasury 304-480-8697

[email protected] To [email protected] 01/02/2009 03:34 PM cc Subject Estimate of Record Productlon

January 2, 2009

Lisa Martin, Esq. Bureau of Public Debt Dear Lisa:

Thank you for speaking with me regarding the records I am seeking. To surnmarize our conversation, since some of the records tseek are in the archives and possibly located at other Federal Reserve Banks, you estimate that it wili take approximately 4-6 weeks to produce the records. Adtiitionaily, you indicated that in order to locate the records, either the full account number or the individual's social security number is required.

if you would be so kind, please confirm that my recollection is correct. Thanks I

I of2 erver.r&U'v3ew_prins i.p ay-- ;8iI...

again. Sincerely, I Mark W. Biggerman Attomey at Law Chagrin Executive t}ffices 29325 Chagrin Blvd., Suite 305 Pepper Pike, Ohio 44122 (216) 475-5600 (216) 831-9526 {fax} marka.mblegal . com

CONFIDENTIALITY STATEMENT: This e-mail and atl messages and attachments are for the exclusive use of the intended recipient(s) and should be assumed to be confidential, privileged, proprietary, exempt from disclosure, and/or otherwise protected by law. Therefore, if you are NOT an intended recipient: 1) you cannot read, print, keep, copy, or distribute any part of this e-mail or attachments; 2) please destroy this e-mail, any attachments, and copies; and 3) please notify the sender immediately. Thank you.

CoRynght 0 2003-2006. P4 rights reserved.

:of2 1/6/2009 12:47 AAq FROEATE COURT F I L E D DEC 4 2008 IN THE PROBATE COURT DIVISION OF THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, CUYAHOGA COUNTY, OHIO

VERA SCHUROWLIEW, } CASE NO. 2008 ADV 136931 PLAINTIFF, } } V. } MAGISTRATE°S FINDINGS } OF IN CAMERA REVIEW VALENTINE G. SCHUROWLIEW, } DEFENDANT }

A Motion to Compel Discovery came to be heard. Present at the hearing

were Stanley Josselson representing Valentine Schurowliew. Also present was

Mark Biggerman representing Alex Schurowliew and Vera Schurowliew. Adam

Fried was present representing Dollar Bank and Marie 0. Tyminski was present

representing Charter One Bank. The parties waived the attendance of a court

reporter. FACTS

review of the tax returns As a result of the Motion to Compel an in camera

and tax information of Valentine Schurowliew was undertaken by this magistrate.

Upon review of the 2007 and 2006 income tax returns and form 1099 tax

statements for 2005 and 2004 the following information pertaining to Valentine G.

Schurowliew should be discoverable:

Treasury billaccount xxxx-xxx-

Merrill Lynch account xxx

Dollar Bank account xxxxxxxxxxx

1 35

P(: 501/2347 Fidelity Investment account xxx-xx

Charter One Bank accounts xxxx-

Pursuant to Civil Rule 53(D)(3)(b)(iv), a party shall not assign as error on

appeal a Court's adoption of any factual finding or legal conclusion of a magistrate,

whether or not specifically designated as a finding of fact or conclusion of law

under Civ. R.53(D)(3)(a) (ii), unless that party has objected to that finding or

conclusion as required by Civ. R. 53(D)(3)(b).

Respectfully su m7e

DEC -- 4 2008 Charles T. Brown Probate Magistrate

Copies mailed to:

Stanley Josselson, Esq. 1276 West 3rd Street Suite 411 Cleveland, Ohio 44113

Mark W. Biggerman„Esq. 29325 Chagrin Blvd., Site 305 Pepper Pike, Ohio 44122

Adam M. Fried, Esq. Reminger Co. LPA 1400 Midland Bldg. 101 West Prospect Cleveland, Ohio 44115

FC 501/23.] Marie O. Tyminski, Esq. Giffen & Kaminski, LLC 1717 East Ninth Street, Suite Cleveland, Ohio 44114

John M. Widder, Esq. Peggy Murphy Widder, Esq. 18231 Sherrington Road Shaker Heights, Ohio 44122

PC 501 MU] EXHiBIT

a '^ °s

IN THE PROBATE COURT CUYAHOGA COUNTY, OHIO

CASE NO. 2008 ADV 0136931 VERA SCHUROWLIEW, et al. JUDGE JOI1N J. DONNELLY Plaintiffs, JUDGE JOHN E. CORRIGAN .. ... V...... MAGISTRATE CHARLES T. BROWN

VALENTINE SCHUROWLIEW, et al. PLAINTIFFS' NOTICE OF DISMISSALOF DEFENDANT Defendants. CHARTER ONE BANK

voluntarily dismiss Defendant Charter One Bank, Pursuant to Civ. R. 41(A), Plaintiffs from this case. This action shall remain pending as against all other without prejudice,

Defendants. Respectfully submitted, c

Mark W. Biggerman (006 29325 Chagriri Blvd., Suite 305 Pepper Pike, Ohio 44122 (216) 475-5600 (216) 831-9526 {fax} [email protected] and John M. Widder(0015429) Peggy Murphy Widder (0034239) Widder & Widder 18231 Sherrington Road Shaker Heights, Ohio 44122 (216) 402-5692 Attorneys for Plaintiff Vera Schurowliew

) 39 CERTIFICATE OF SERVICE

A true copy of this Notice of Dismissal of Defendant Charter One Bank was served on the following individual(s) via regular mail on December 24. 2008.

Mark W. Biggerlxtaf (0064092)

Stanley Josselson Adam M. Fried 1276 West 3rd Street, Suite 411 Reminger Co. LPA. Cleveland, OH 44113 1400 Midland Building Attomey for Defendant Valentine 101 West Prospect Avenue Cleveland, Ohio 44115 Marie O. Tyminski Attorney for Defendant Dollar Bank Giffen & Kaminski, LLC 1717 East Ninth Street, Suite 2100 Cleveland, OH 44114 Attorney for Defendant Charter One

131 2 IN THE PROBATE COURT CUYAHOGA COUNTY, OHIO

CASE NO. 2008 ADV 0136931 VERA SCHUROWLIEW, et al. JUDGE JOHN J. DONNELLY Plaintiffs, ...... V. ... . , JUDGE JOHN E. CORRIGAN MAGISTRATE CHARLES T. BROWN VALENTiNE SCHUROWLIEW, et al. PLAINTIFFS' NOTICE OF Defendants. DISMISSAL OF DEFENDANT DOLLAR BANK

without Pursuant to Civ. R. 41(A), plaintiffs voluntarily dismiss Defendant Dollar Bank,

from this case. This action shall remain pending as against all other Defendants. prejudice, Respectf^subinitted,

FlBldtt' 0064092) 5 agrin Suite 305 Pepper Pike, Ohio 44122 (216) 475-5600 (216) 831-9526 {fax} [email protected]

and John M. Widder (0015429) Peggy Murphy Widder (0034239) Widder & Widder 18231 Sherrington Road Shaker Heights, Ohio 44122 (216) 402-5692 Attorneys for Plaintiffs

1 40 CERTIFICATE OF SERVICE

A true copy of this Notice of Dismissal of Defendant Dollar Bank was served on the following individual(s) via regular mail on December 31. 20081

r

Stanley Josselson Adam M. FriedCo. LPA. 1276 West 3rd Street, Suite 411 Reminger Cleveland, OH 44113 1400 Midland Building Attorney for Defendant Valentine 101 West Prospect Avenue Cleveland, Ohio 44115 Attotney for Defendant Dollar Bank

2 ^r R.l A.4 e i v^ .00u4 7-9

PROcA:TE CouaT F I L E D IN THE PROBATE COURT DIVISION OF THE COURT OF COMMON PLEA JAN 2 6 2009 CUYAHOGA COUNTY, OHIO CUYAHOGA CGUNTY, 0 CASE NO. 2008 ADV 136931 VERA SCHUROWLIEW, PLAINTIFF.

JUDGMENT ENTRY V.

} 11A1:ENTINE 0. SCHUROWLIEW,

The Court This matter came before the court on January 22, 2009 at a pretrial.

ving reviewed the Amended Complaint finds the second unnumbered count of the

ended complaint seeking concealmentand embezzlement of assets pursuant to O.R.C.

2109.50 is not properly before the court. The specific statutory requirements of O.R.C.

2109.50 have not been met. the fifth The CourtFfurther finds the fourth unnumbered count, negligence,

unnumbe with expectancy of inheritance should be unnutribered count, #ortious interference tlismissed for lack of subject inatterjurisdiction ,and therefore are not properly before the

robate court. concealment and Therefore it is ORDERED the second unnumbered count, embezzlement of assets, the fourth unnumbered count, negligence, the fifth unnumbered

count, fraud, the sixth unnumbered count, conversion, and the eighth unnumbered count, from the tortious interference with expectancy of inheritance are all stricken and dismissed V 4 2.0 amended complaint.

The plaintiff shall have thirty days leave to file a proper separate complaint for

should they choose to pursue such an concealment of assets pursuant to O.R.C. 2109.50 action.

ATE'JUDGE

A ^^s^saL co^uRrD

MAR 13 2009

GUYAMOfaA COUNT'f, 0. IN THE PROBATE COURT GTTyAHOGA COUNTY, OHIO

CASE NO. 2008 ADV 0136931

VERP, SCHUROWLIEW, et al. JUDGE ANTHONY J. RUSSO Ptainti, f,^s, TUl)GE LAURA J. GALLAGHER MAGISTRATE CHARLES T. BROWN V. VALENTINE SCHUROWLIEW, et al. PLAINTIFFS' NOTICE OF DISNIISSAL OF BI2EACH OF Defendants. FIDTTCIARX D^QTY CLAIM

breach of fiduciary duty voluntarily dismiss their Pursuant to Civ. R. 41(A), Plaintiffs Plaintiiffs' remaining claims shall remain pending. claim, without prejudice. ly submitted,

Mark"nd., . a 0064092) 29325 ite 305 Pepper Pike, Ohi (216) 475-5600 (216) 831-9526 {fax} [email protected] and John M. Widder (0015429) Peggy Murphy Widder (0034239) Widder & Widder 18231 Sherrington Road Shaker Heights, Ohio 44122 (216) 402-5692 Attomeys for Plaintiffs APP 1 0 2009

F^-ftiBAjECERTD

MAR 2 4 2009

CUYAHOGA COUNTY, 0. IN THE PROBATE COURT CUYAHOGA COUNTY, OHIO 9:6-% Wi VERA SCHUROWLIEW, 4080 Park Fulton Ova1, Suite1034 Cleveland, Ohio 44144, 141&^

and Case No. 2008 ADV 0136931 ALEX SCI-IUROWLIEW, 4080 Park Fulton Oval, Suite 1034 Cleveland, Ohio 44144, Plaintiffs, JUDGE ANTHONY J. RUSSO

V. JUDGE LAURA J. GALLAGHER VALENTINE G. SCHUROWLIEW, 4323 Leading Avenue MAGISTRATE CHARLES T. BROWN Cleveland, Ohio 44109,

and JOSEPH BANSCl, as the Personal Representative of the Estate of Sofija Schurowliew SECOND AMENDED COMPLAINT 22050 Mastick Road Fairview Park, Ohio 44126,

Defendants.

Now come Plaintiffs, Vera Schurowliew aud Alex Schurowliew, by and through their

attorneys, Mark W. Biggennan and Widder & Widder, ptn'suant to this Court's Orders of

Januaiy 15 and 26, 2009, and file their Second Amended Complaint as follows:

1. On January 15, 2009, former Judge John Corrigan issued a Judgment Entry

ordering Plaintiffs, pursuant to Civ. R. 19, to join the Personal Representative of the Estate of

Sofija (hereinafter Sofija's Estate).

14 2. Recently, Joseph Bansci, was appointed by this Court as the Personal

Representative of Sofija's Estate.

3. Accordingly, pursuant to this Court's Order and Civ. R. 19, Plaintiffs hereby

name Joseph Bansci as a Deferidant to this action as a necessary pai-Cy.

FACTS AND DYNAMICS OF THE SCHUROWLIEW FAMILY

4. In the late 1980s Gregory Schurowliew and Sofija Schurowliew (hereinafter

Sofija) were an elderly couple living alone together in their home on Leading Avenue in

Cleveland's near-Westside. They were the parents of three adult children, Valentine, Vera and

Alex. None of the children were living at home at that time.

5. Gregory Schurowliew was, in every way, the "ruler" of the entire family, and

Mrs. Schurowliew and all three children were intimidated by and fearful of him. Ide was, in fact,

physically and emotionally abusive towards his faniily.

6. During their marriage, Gregory never allowed his wife to drive a car, write a

check, or even do the grocery shopping. Sofija was employed as a cleaning lady in a Federal

Govermnent Building. When she would receive her paycheck, her husband would immediately

take it away from her.

7. When the family went anywhere in the car, Gregory always drove. I-Ie insisted

that his oldest son, Defendant Valentine Schurowliew (hereinafter Defendant Valentine) sit in

the front passenger seat, and required his wife, his daughter and yormger son to sit in the back

seat. 8. In November of 1988, Gregory Schurowliew died of a heart attack, leaving a

widow who was physically and psychologically unable to care for herself alone. Sofija had

severe rheumatoid arthritis which prevented her from walking alone. She was also unable to do

2 1 % any tasks required of a person living alone. Because her husband had always taken her paychecks from her, she did not even know which President's picture appeared on most bills

the exception of the one-dollar bill whom she knew to bear the picture of George (

Washington).

9. Crregory Schurowliew's Will left all of his Probate assets to his wife, a sum of approximately One Hundred Thirteen Thousand Dollars ($113,000.00). She had no idea how to handle U7ese funds.

10. Because of her great needs, her yowiger son, Alex, wlio had been living in

Cleveland Heights at the time and working on his degree at Case Westem Reserve University, immediately retumed to live in the family home, where he assisted his inother with the tasks of daily living such as grass-cutting, laundry, etc. (He also continued his education receiving a degree in 1989).

11. Shortly thereafter, Sofija's daughter, Vera, returned from the University of

Cincizviati, where she had nearly completed her degree, but dropped out of school to assist her mother. She, too, moved into the fatnily home to assist her mother with personal hygiene care, etc.. while her brother Alex did the other chores necessary.

12. About a year or two later, Defendant Valentine who had been living and working in New York City, also returned to the family home. Defendant Valentine was a graduate of both Case Western Reserve University and the Wharton School at the University of

Pennsylvania, tivhere he had received his MBA several years earlier.

13. Once Defendant Valentine arrived, lie began trying to force his siblings to leave

the home. In the culture in which the Schurowliew family was raised, the oldest son takes over

when the father dies, becoming almost a "surrogate husband" to his widowed mother. Thus,

3 147 Sofija was willing to do, without question, anything that her elder son told her to do (just as she had with her husband). Even Vera and Alex were intimidated by their older brotlier.

14. After a year or two, Defendant Valentine asked Vera to move out and find an apartment. When she did not obey quickly enough, he enlisted the assistance of neighbors to encourage her to do so. She fmally left the family home and rnoved into an apartment.

15. Defendant Valentine then began pressuring Alex even harder to leave. Alex insisted that he would not leave because he did not feel that Defendant Valentine was providing their mother with the proper care. Her condition was rapidly worsening. Due to her rheumatoid artluitis, she had been unable to write, or even sign her name for approximately 15 years, and eventually became bed-ridden.

16. Further, Alex was beginning to suspect his brother, Defendant Valentine, of

"conning" his mother out of her assets. Defendant Valentine went to law school at Westem

Resei-ve Law School after returning to Cleveland. His education was paid for with hismother's money. He passed the Bar Exam and became an attomey, but did not practice law or have any other occupation. Defendant Valentine then atteinpted a series of deeds to transfer his mother's house to himself.

17. At sonle point, Alex located an attorney to prepare an Inter Vivos Trust for his mother which made all three children Co-Trustees and required their approval on all decisions.

Defendant Valentine, however, disregarded theses provisions entirely, making all decisions without the consent, or even the knowledge, of his siblings. Despite the fact that lie, as a Co-

Trustee, was in a Fiduciary capacity as to his mother, he moved her assets as he so desired,

ignoring his Fiduciary duty.

18. At his Deposition, Defendant Valentine admitted that, at the titne of his mother's

4 l death in 2008, her assets (not including the residence, which he had transferred by probable trickery) there existed approximately Four IIundred Twenty Thousand Dollars ($420,000.00) in

assets. Sofija believed that, regardless of any paperwork which may have been done witli regard

to her real and personal property, that all of her assets still belonged to her.

19. Defendant Valentine allowed Vera to come to the house weekly to bathe their

mother, but kept her away at most other times. When he could not convince Alex to leave their

mother in Valentine's sole care, he had Alex evicted from the home. Sofija did not understand

the eviction proceeding, since she continued to ask why Alex could not come to the house on a

regular basis - and, in fact, why he could not still live in the house.

20. Sofija was very easily manipulated by Defendant Valentine. She had no

knowledge of the extent of herassets. Defendant Valentine "conned" her into moving her assets

and, in fact, co-mingled themand signed his sister's nanie to bank documents to put certain

assets into his own name, Individually.

21. Defendant Valentine became increasingly hostile, reclusive and secretive over the

years. It appeared to be his main goal that he become the sole person that his mother relied

upon, shutting out her other children.

22. He displayed certain bizarre behavior, for example, washing his mother's clothing

in buckets rather in the washing machine.

23. When it was time for Sofija to appear at her Guardianship Hearing, he made a

series of "flashcards" which he pasted up in front of her, telling her her age, her date of birth, and

her address, presumably with the idea that if she saw these constantly before her, she might

remember this information in Court, regardless of any memory deficits.

24. As to the opinions of her doctors, it is to be understood that Sofija was Russian-

5 1 Li9 spealcing (as is Defendant Valentine), but her doctors were not. Defendant Valentine accompanied his mother to her doctor appointments, translating what she said to t:he doctor, thereby making it impossible for her doctors to accurately determine Sofija's mental status for puiposes of a Guardianship evaluation.

FACTS OF THE CASE

25. On February 11, 1990, Sofija, Grantor, created the Inter Vivos Trust entitled,

"The Sofija Schurowliew Income Trust," (hereina'fter known as the Sofija Trust) (See attached

Exhibit A).

26. Plaintiffs and Defendant Valentine are the children of Sofija.

27. Plaintiffs and Defendaut Valentine are Co-Trustees of the Sofija Tnist.

28. Several financial institutions, including Dollar Bank, Charter One Ban, and the

federal government are handling funds related to this action.

29. Plaintiffs are also aware of a parcel of real estate located at 4323 Leading Avenue,

Cleveland, Ohio, 44109, which was until recently in the name of Sofija and/or the Sofija Trust.

With 'regard to the real estate, a series of purported deeds were executed and filed with the

apparent intent of transferring title to Defendant Valentine.

30. Pursuant to Article II of the Sofija Trust, any act undertaken must be by

unanimous consent of all the co-trustees. No consent has ever been sought by Defendant

Valentine of these Plaintiffs.

31. Article VI, Section 9 of the Sofija. Trust requires the Sofija Trustees to make an

annual accounting. Defendant, Valentine, has failed to comply with this requirement.

32. Article VI, Section 9 of the Sofija Trust also provides that the Sofija Trustees are

subject to having their actions judicially settled at any time.

6 33. Without Plaintiffs' consent, Defendant Valentine has unila.terally undertaken actions, inchiding self-dealing,which adversely affected Sofija's assets and the Sofija Trust.

COUNTI ACTION FOR ACCOUNTING

34. Plain tiffs incorporate the preceding paragraphs.

35. As a result of Defendant Valentine's conduct, and pursuant to Ohio law and the provisions of the Sofija Trust, Plaintiffs seek an Accounting by Defendant Valentine.

WHEREFORE, Plaintiffs pray that this Court grant them relief as follows:

I. Enter judgmentfinding that Defendant Valentine violated Ohio law as set forth above;

2. Order that a permanent injunction be issued, enjoining Defendant Valentine from taking any actions related, to or affecting, the property, funds, assets, things, and/or moneys touching the matter of this Complaint, the Sofija Trust andlor Sofija's Estate;

3. Order Defendant Valentine to restore and/or return all real and personal property

which he improperly obtained,withdrew, concealed, embezzled, conveyed away, impermissibly

possessed, disposed, and/or made personal use of to Sofija'Trust and/or Sofija's Estate;

4. Enter judgment removing Defendant Valentine as a trustee and fiduciary;

5. Award Plaintiffs their attorney's fees and costs related to this action; and

6. Grant Plaintiffs danages aiid other further relief as may be just and necessary.

'o Respectfully submitted,

Mark W. Biggerman (006-40 29325 Chagrin Blvd., Suite 305 Pepper Pike, Ohio 44122 (216) 475-5600 (216) 831-9526 {fax} [email protected]

and

7ohn M. Widder (0015429) Peggy Murphy Widder (0034239) Widder & Widder 18231 Sherrington Road Shaker Heights, Ohio 44122 (216) 402-5692 Attomeys for Plaintiffs

CERTIFICATE OF SERVICE

A true copy of this Second Amended Complaint was served on the following individual(s) via regular rnail on March 20, 2009.

Stanley Josselson 1276 West 3rd Street, Suite 411 Cleveland, OH 44113 Attomey for Defendant Valentine Schurowliew

Joseph Bansci 22050 Mastick Road Fairview Park, Ohio 44126 Personal Representative of theEstate of Sofija Schurowliew

9 11 'rrk^;BA ^ C. ^ f I L ^ D APR 3 0 2009

CUAfioG^ CCUNIY, c.

IN THE COURT OF COMMON PLEAS PROBATE DIVISION CUYAHOGA COUNTY, OHIO

VERA SCHUROWLIEW Case No. 2008 ADV 13G931 et al ^

Plaintiffs

V. JUDGE LAURA J. GALLAGHER

VALENTINE G. SCIIUROWLIEW JUDGl^'IENT ENTRY et al

Defendants

1'his matter came before the Court on March 30, 2009 for Final Pre-trial and upon

Plaintiffls Motion to Consolidate Actions and the De^endant's Motion for Sanetions.

Present were attorneys'Mark W. Biggexlnan and John M. Widder on behalf of the

Plaintiffs, attorney Stanley Jossel.son on behalf of Defendant Valentine Schurowliew, and

attorney Joseph Bansci, personal representative of the Estate of Sofija Schurowliew.

Attorney Bansci haci ncit been served with the Second Amended Coniplaint at the time of pre-trial antl waived service and notice of same.

`l^he Court finds that the Plaintiff"s Motion to Consolidate Actions is overruled.

^ The Court further finds'that a Complaint for Coneealment & Embezzlement of Assets was filed on February 26, 2009; involving substantially the same parties, claims and evidence that are subjeet to this action. Upon agreement of the parties, the above captioned case will be

t^ ^ ^" t` ^ ^ _ `e:^^r' ^^^. s^ ^^ ^ ^^ ^^ dismissed and the claims will proceed under the Concealment Case, case number 2009 ADV

0144867.

The Court further finds that the restraining order that was agreed upon by the parties at a hearing on July 25, 2008 willbe ordered into effect in Case no. 2009 ADV 0144867.

The Court further finds that Defendant's Motion for Sanctions should be denied for the reason that the confusion in filing the Second Amended Complaint was partly due to conflicting information provided by the Court and does not appear to be the result.of intentional misrepresentation by the Plaintiff.

It is therefore ORDERED, AD;IUDGED AND DECREED that the Motion to

Consolidate and the Motion For Sanetions are overruled and the case is dismissed without prejudice.

APR 10 2009

1 -r rr'•r EXHlBlT

V&^, ^ ^- MAR 3 G 2009 ,T.11• ay I? q:°° mumi I w1 (a;

IN THE PROBATE COURT AY 1 1 2009 CUYAHOGA COUNTY, OHIO C. 6- 1.3o.6 4@fa_ob

VERA SCHUROWLIEW, 4080 Park Fulton Oval, Suite 1034 Cleveland, Ohio 44144,

and Case No.

ALEX. SCHUROWLIEW, 4080 Park Fulton Oval, Suite 1034 JUDGE ANTHONY J. RUSSO Cleveland, Ohio 44144, JUDGE LAURA J. GALLAGHER Plaintiffs, MAGISTRATE CHARLES T. BROWN v.

VALENTINE G. SCHUROWLIEW, COMPLAINT FOR CONCEALMENT 4323 Leading Avenue Cleveland, Ohio 44109, & EMBEZZLEMENT OF ASSETS

Defendant. Jury Demand Endorsed Hereon

Pursuant to this Court's Order and R.C. §§ 2109.50 and 2109.52, Plaintiffs, Vera +

Schurowliew and Alex Schurowliew, for their Complaint against Defendant Valentine

Schurowliew, state as follows:

JURISDICTION AND VENUE

l. This Court has jurisdiction over this matter pursuant to R.C. §§ 2101.24, 2109.50 a_nd 2109.52. .

2. Plaintiffs' claims arose in Cuyahoga County, Ohio.

3. Plaintiffs reside in Cuyahoga County, Ohio. P¢ CpgT PA1D^^ I U -

4. Defendant resides in Cuyahoga County, Ohio. F^p Z 6^©Q^ HtL4 ^I .^r 7^' r FACTS

5, Plaintiffs and Defendant are the three children of Sofija Schurowliew (hereinafter

Sofija), deceased.

6. Defendant is the oldest son. Plaintiffs are the younger children.

7. Sofija was a Russian-born woman and spoke almost exclusively in Russian. She was unable to speak English very well and could communicate only in mixed Russian and

English. Although she understood some English, she required translation of complicated concepts, such as in legal and financial matters.

8. In addition to this language barrier, Sofija was also afflicted with severe rheumatoid arthritis, which progressed as she aged.

9. In 1988, Gregory Schurowliew, Sofija's husband (and the parties' father) died.

Gregory's Will left virCually all of his assets, including title to the property on which they resided, to Sofija.

10. Sofija was nearly 70 years old when Gregory died. As a result, combined with her language barrier and severe rheumatoid arthritis, Sofija had no idea how to handle those assets.

11. Sofija was 88 years old when she died in 2008.

12. Defendant is an attorney, licensed in Ohio, holds degrees in business and finance, and is fluent in Russian.

13. In light of Defendant's education, abilities, and fluency in Russian, Sofija became heavily reliant on him over the final 20 years of her life. She depended on Defendant to tra islate for her, assist with her daily life activities, and handle her legal and financial affairs. To this end, she gave Defendant two separate powers of attorney over her. As a result, a fiduciary

2 relationship developed between Sofija and Defendant.

14. Defendant took advantage of this fiduciary relationship to his own benefit and to the detriment of Sofija and Plaintiffs.

15. Defendant wrote all of Sofija's correspondence and checks. When her signature was required, Defendant held, controlled, and physically moved Sofija's hand with his to affix her signature on documents. He procured her signature on documents this way for over 15 years.

16. Defendant procured Sofija's signature on numerous legal documents from which he personally benefited. Afinong them were the two powers of attorney, wbich gave him exclusive control over her finances and health care decisions. He also procured Sofija's signature on several deeds, purportedly transferring title to her personal property solely to him.

17. Defendant alsoprocured Sofija's signature on numerous financial documents, all of which directly and exclusively benefited him, He transferred her money to his personal accounts. Additionally, he designated himself as a joint and survivor on Sofija's accounts and/or payable on Sofija's death to Defendant.

18. On February 11, 1990, Sofija executed an inter vivos trust entitled, "The Sofija

Schurowliew Income Trust," (hereinafter known as the "Trust"-see attached Exhibit A).

19. The provisions of this Trust named Plaintiffs and Defendant as the co-trustees. It

mandated that any act related to or affecting the Trust could only be accomplished by the

unanimous consent of all three co-trustees.

20. In light of the Trust's provisions, Defendant, Plaintiffs, and Sofija all occupied a

fiduciary relationship with one' another.

21. Despite the Trust's "unanimous" requirement, Defendant took numerous actions

related to and/or affecting the Trust without Plaintiffs' knowledge or consent. Defendant

3 066 transferred Trust and/or Trust-related moneys into his personal accounts. Additionally, contrary to Sofija's intent when creating the Trust, Defendant failed to place title to her residence into the

Trust. These actions were take to benefit Defendant and in detriment of Sofija and Plaintiffs.

22, Plaintiffs were unaware of most, if not all, of Defendant's conduct.

COUNT 1 CONCEALMENT AND EMBEZZLEMENT OF ASSETS

23, Plaintiffsincorporatethe preceding paragraphs.

24. This cause of action is brought pursuant to R.C. §§ 2109.50 and 2109.52.

25. Plaintiffs are Sofija Schurowliew's children, co-trustees of the Sofrja Trust, and

the ultimate beneficiaries of Sofija's Estate's and the Sofija Trust. Therefore, Plaintiffs are

entitled to real and personal property recovered from any concealed assets related to the Sofija's

Estate and the Trust, and are interested persons/parties under R.C. §§ 2109.50 and 2109.52.

26. Defendant is suspected of having unauthorized possession and/or having

impermissibly, and without authorization, concealed, embezzled, stolen, disposed of, transferred,

and/or conveyed away assets, property, moneys, chattels, and/or choses in action that

belongibelonged exclusively tb Sofija, Sofija's Estate, andlor the Trust.

WHEREFORE, Plaintiffs pray that this Court grant them relief as follows:

1. Enter judgment that Defendant violated Ohio law as set forth above;

2. Pursuant to R.C. § 2109.50, proceed forthwith, and hear and determine this

matter; 3. Pursuant to R.C. § 2109.50, compel Defendant to appear, forthwith, before this

Court to be examined, on oath and touching all matters of this Complaint;

4. Pursuant to R.C. § 2109.50, swear witnesses as may be offered by Plaintiffs,

touching the matters of this Complaint, and cause the examination of every such witness,

4 i including questions and answers, to be reduced to writing, signed by the witnesses, and filed in this Court; 5. Pursuant to R.C. § 2109.52, determine, by the verdict of a jury, that Defendant violated R.C. § 2109.50.

6. Assess the amount of damages to be recovered, order the return of the specific things touching the matter of this Complaint, and all real and personal property which Defendant improperly obtained, withdrew, concealed, embezzled, conveyed away, impermissibly possessed, disposed, and/or made personal use of to the Trust and/or Sofija's Estate, and order restoration in kind; 7. Pursuant to R.C. § 2109.52, determine questions of title relating to assets touching the matters of this Complaint;

8. Order that a permanent injunction be issued, enjoining Defendant from taking any

actions related, to or affecting, the property, funds, assets, things, and/or moneys touching the

matters of this Complaint, the Trust and/or Sofija's Estate;

9. Order Defendant Valentine to restore and/or return all real and personal property

conveyed away, impermissibly which he improperly obtained, withdrew, concealed, embezzled, possessed, disposed, and/or made personal use of, to the Trust and/or Sofija's Estate;

10. Enter judgment removing Defendant as a trustee and fiduciary;

11. Order that Plaintiffs are entitled to compensatory and punitive damages; enter judgment assessing a ten percent (10%) penalty 12. Pursuant to R.C. § 2109.52,

against Defendant and ordering him to pay all of Plaintiffs' attomeys' fees and costs related to

these proceedings;and 13. Grant Plaintiffs other and further relief as maybe just and necessary.

5 1 59 JURY DEMAND

Pursuant to R.C. §§ 2109.50 and 2109.52 and Ohio law, Plaintiffs demand a trial by Jury on all counts triable to a Jury.

Respectfully submitted,

M 4092 29 Pepper Pike, Ohio 4 (216) 475-5600 (216) 831-9526 {fax} [email protected]

and

John M. Widder (0015429) Peggy Murphy Widder (0034239) Widder & Widder 18231 Shercington Road Shaker Heights, Ohio 44122 (216) 402-5692

Attorneys for Plaintiffs

6 I IN THE PROBATE COURT CUYAHOGA COUNTY, OHIO

VERA SCHUROWLIEW, 4080 Park Fulton Oval, Suite 1034 Cleveland, Ohio 44144, and Case No. 2009 ADV 0144867 ALEX SCHUROWLIEW, 4080 Park Fulton Oval, Suite 1034 JUDGE ANTHONY J. RUSSO Cleveland, Ohio 44144, JUDGE LAURA J. GALLAGHER Plaintiff.r, MAGISTRATE CHARLES T. BROWN v.

VALENTINE G. SCHUROWLIEW, 4323 Leading Avenue Cleveland, Ohio 44109,

and JOSEPH BANSCI, AMENDED COMPLAINT FOR as the Personal Representative of CONCEALMENT AND the Estate of Sofija Schurowliew EMBEZZLEMENT OF ASSETS 22050 Mastick Road Fairview Park, Ohio 44126, Jury Demand Endorsed Hereon Defendants.

Now come Plaintiffs, Vera Schurowliew and Alex Schurowliew, by and through their

attorneys, Mark W. Biggerman and Widder & Widder, as required by this Court's Orders, dated

January 15 and 26, 2009, and file their Amended Complaint as follows:

1. On January 15, 2009, former Judge John Corrigan issued a Judgment Entry

ordering Plaintiffs, pursuant to Civ. R. 19, to join the Personal Representative of the Estate of

Sofij a (hereinafter Sofij a's Estate).

1 4 0 2. Recently, Joseph Bansci, was appointed by this Court as the Personal

Representative of Sofija's Estate.

3. Accordingly, pursuant to this Court's Order and Civ. R. 19, Plaintiffs hereby name Joseph Bansci as a Defendant to this action as a necessary party.

JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to R.C. §§ 2101.24, 2109.50,

and 2109.52.

5. Plaintiffs' claims arose in Cuyahoga County, Ohio.

6. Plaintiffs reside in Cuyahoga County, Ohio.

7. Defendants reside in Cuyahoga County, Ohio.

FACTS

8. Plaintiffs and Defendant Valentine Schurowliew (hereinafter Defendant

Valentine) are the three children of Sofija Schurowliew (hereinafter Sofija), deceased.

9. Defendant Valentine is the oldest son. Plaintiffs are the younger cllildren.

10. Soflja was a Russian-born woman and spoke almost exclusively in Russian. She

was unable to speak English very well and could communicate only in mixed Russian and

English. Although she understood some English, she required translation of complicated

concepts, such as in legal and fmaneial matters.

11. In addition tothis language barrier, Sofija was also afflicted witli severe

rheumatoid arthritis, which progressed as she aged.

12. In 1988, Gregory Schurowliew, Sofija's husband (and the parties' father) died.

Gregory's Will left virtually all of his assets, including title to the property on which they

resided, to Sofija.

2 ' 13. Sofija was nearly 70 years old Nvhcn Gregory died. As a result, cornbined with her language barrier and severe rheumatoid arthritis, Sofija had no idea how to handle those

assets.

14. Sofija was 88 years old when she died in 2008.

15. Defendant Valentine is an attorney, licensed in Ohio, holds degrees in business

and finance, and is fluent in Russian.

16. In light of Defendant Valentine's education, abilities, and fluency in Russian,

Sofija became heavily reliant on him over the final 20 years of her life. She depended on

Defendant Valentine to translate for her, assist with her daily life activities, and handle her legal

and financial affairs. To this end, she gave Defendant Valentine two separate powers of attomey

over her. As a result of Sofija's relationship with Defendant Valentine, a fiduciary relation.ship

developed between them.

17. Defendant Valeritine took advantage of this fiduciary relationship to his own

benefit and to the detriment of Sofija and Plaintiffs.

18. Defendant Valentine wrote all of Sofija's correspondence and checks. When her

signature was required, Defendant Valentine held, controlled, and physically nioved Sofija's

hand with his to affix her signature on documents. He procured her signature on documents this

way for over 15 years.

19. Defendant Valentine procured Sofija's signature on numerous legal documents

from which he personally benefited. Among them were the two powers of attorney, which gave

him exclusive control over her finances and health care decisions. Ile also procured Sofija's

signature on several deeds, purportedly transferring title to her personal property solely to him.

20. Defendant Valentine also procured Sofija's signature on numerous financial

1 documents, all of which directly and exclusively benefited him. Ile transferred her money to his personal accounts. Additionally, he designated himself as ajoint and survivor and/or payable on

Sofija's death on Sofija's financial accounts.

21. On February 11, 1990, Sofija executed an inter vivos trust entitled, "The Sofija

Schurowliew Income Trust," (hereinafter known as the "Trust"-see attached Exhibit A).

22. The provisions of this Trust named Plaintiffs and Defendant Valentine as the co- trustees. It mandated that any act related to or affecting the Trust could only be accomplished by the unanimous consent of all three co-trustees.

23. In light of the Trust's provisions, Defendant Valentine, Plaintiffs, and Sofija all occupied a fiduciary relationship with one another.

24. Despite the Trust's "unanimous" requirement, Defendant Valentine took numerous actions related to and/or affecting the Trust without Plaintiffs' knowledge or consent.

Defendant Valentine transferred Trust-related moneys into his personal accounts.

25. Additionally, contrary to Sofija's intent when creating the Trust, Defendant

Valentine failed to place title to her residence into the Trust. These actions were take to benefit

Defendant Valentine and to the detriment of Sofija and Plaintiffs.

26. Plaintiffs were unaware of most, if not all, of Defendant Valentine's conduct.

COUNT 1 CONCEALRIENT AND EMBEZZLEMENT OF ASSETS

27. Plaintiffs incorporate the preceding paragraphs.

28. This cause of action is brought pursuant to R.C. §§ 2109.50 and 2109.52.

.29. As Sofija Schurowliew's children, co-trustees of the Sofija Trust, and the ultimate

beneficiaries of Sofija's Estate's and the Sofija Trust, Plaintiffs are entitled to real and personal

property recovered from any concealed assets related to Sofija's Estate and the Trust and are

4 1 interested persons/parties under R.C. §§ 2109.50 and 2109.52.

30. Defendant Valeiltine is suspected of having unauthorized possession and/or having impermissibly, and without authorization, concealed, embezzled, stolen, disposed of, transferred, and/or conveyed away assets, property, moneys, chattels, and/or choses in action that belong/belonged exclusively to Sofija, Sofija's Estate, and/or the Trust.

WHEREFORE, Plaintiffs pray that this Court grant them relief as follows:

1. Enter judgment that Defendant Valentine violated Ohio law as set forth above;

2. Pursuant to R.C. § 2109.50, proceed forthwith, and hear and determine this matter;

3. Pursuant to R.C. § 2109.50, compel Defendant Valentine to appear, forthwith, before this Court to be examined, on oath and touching all matters of this Complaint;

4. Pursuant to R.C. § 2109.50, swear witnesses as may be offered by Plaintiffs, touching the matters of this Complaint, and cause the examination of every such witness, including questions and answers, to be reduced to writing, signed by the witnesses, and filed in this Court;

5. Pursuant to R.C.; § 2109.52, determine, by the verdict of a jury, that Defendant

Valentine violated R.C. § 2109.50.

6. Assess the amount of damages to be recovered, order the return of the specific things touching the matter of this Complaint, and all real and personal property which Defendant

Valentine improperly obtained, withdrew, concealed, embezzled, conveyed away, impermissibly

possessed, disposed, and/or made personal use of to the Trust and/or Sofija's Estate, and order

restoration in kind;

7. Pursuant to R.C. § 2109.52, determine questions of title relating to assets touching

5 16 the matters of this Complaint;

8. Order that a permanent injmiction be issued, enjoining Defendant Valentine fiom taking any actions related, to or affecting, the property, funds, assets, things, aiid/or moneys touching the matters of this Complaint, the Trust and/or Sofija's Estate;

9. Order Defendant Valentine Valentine to restore and/or return all real and personal property which he improperly obtained, withdrew, concealed, embezzled, conveyed away, impennissibly possessed, disposed, and/or made personal use of, to the Trust and/or Sofija's

Estate;

10. Enter judgment removing Defendant Valentine as a trustee and fiduciary;

11. Pursuant to R.C.§ 2109.52, assess a ten percent (10%) penalty against Defendant

Valentine and order him to pay Plaintiffs' attorneys' fees and costs related to these proceedings;

and

12. Grant Plaintiffs damages and other further relief as may be just and necessary.

JURY DEMAND

Pursuant to R.C. §§ 2109.50 and 2109.52 and Ohio law, Plaintiffs demand a trial by Jury

on all counts triable to a Jury.

6 1 Respectfully submitted,

Mark W. Biggerm ^00^409 ) 29325 Chagrin Blvd., ' e 305 Pepper Pike, Ohio 44122 (216) 475-5600 (216) 831-9526 {fax} [email protected]

and

John M. Widder (0015429) Peggy Murphy Widder (0034239) Widder & Widder 18231 Sherrington Road Shaker Heights, Ohio 44122 (216) 402-5692 Attomeys for Plaintiffs

CERTIFICATE OF SERVICE

A true copy of this amended cornplaint was served on the following individual(s) via regular mail on March 20. 2009.

Stanley Josselson 1276 West 3rd Street, Suite 411 Cleveland, OH 44113 Attorney for Defendant Valentine

Joseph Bansci 22050 Mastick Road Fairview Park, Ohio 44126 Personal Representative of the Estate of Sofija Schurowliew

7 ^ F I L c D APR 10 2009

CUYAHOGA CQUNTY. 0. IN THE COURT OF COMMON PLEAS PROBATE DIVISION CUYAHOGA COUNTY, OHIO

VERA SCHUROWLIEW Case No. 2009 ADV 0144867 et al

Plaintiffs

v. JUI)GE LAURA J. GALLAGHER

VALENTINE G. SCIIUROWLIEW JUDGMENT ENTRY

Defendant

This matter is before the Couit upon Oral Motion by Plaintiffs to adopt the restraining Order currently in effect in Case Number 2008 ADV 136931 until further Order of

Court.

The Court finds that a temporaiy Restraining Order was issued in the 2008 case on June

12, 2008. 'I'he Plaintiff's Motion for Preliminary Injunction was then heard and settled on June

25, 2008. The 2008 case has; beep dismissed in light of the pending action but the Orders of

Restraint in effect in that case at the time of dismissal are hereby Ordered to continue in this case..

T. GALL IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OIIIO

VERA SCHUROWLIEW, 4080 Park Fulton Oval, Suite 1034 Cleveland, Ohio 44144, Judge: LANC73 T MASON

CV 09 684581 ALEX SCHUROWLIEW, 4080 ParlC Fulton Oval, Suite 1034 JUDGE Cleveland, Ohio 44144,

Plaintiffs,

v.

VALFNTINF G. SCHUROWLIEW, 4323 Leading Avenue Cleveland, Ohio 44109, COMPLAINT JURY DEMAND ENDORSED HEREON Defendant.

Plaintiffs, Vera Sehurowliew and Alex Scburowliew, for their Complaint against

Defendant Valentine Schurowliew, state as follows:

PAI2TIES, JURISDIC'TION AND VENUE

1. Plaintiffs reside in ^Cuyahoga County, Ohio.

2. Defendant also resides in Cuyahoga County, Ohio.

3. Plaintiffs' claims arose in Cuyahoga County, within the jurisdiction of this Court.

FACTS

4. Plaintiffs and Defendant are the three children of Sofija Schurowliew (hereinafter

Sofija), deceased. 5. Defendant is the oldest son. Plaintiffs are the younger children.

1 61 6. Sofija, 88 years old when she died, was a Russian-born woman who was unable to speak English fluently and could communicate only in mixed Russian and English. Although she urrderstood some English, she required tr'anslation of eoinplicated concepts, such as legal and financial matters. 7. In addition to this language barrier, Sofrja was afflicted with severe rheumatoid arthritis, which only progressed as she aged.

8_ Defendant is an attorney, licensed in Ohio, holds degrees in business and finance,

and is fluent in Russian. 9. Because of Defendant's education and aliilities, Sofijabecarne heavily reliant on him

over the fina120 years of her life. She depended on him to translate for her, assist with her daily

life activities, and with her fiiiancial affairs. As a result, a fiduciary relationship developed

between Sofija and Defendant. ^ 10. Defendant took advantage of this fiduciary relationship to his own benefit and in

detriment of Sofija and Plaintiffs.

11. Defendant wrote all of Sofija's correspondence and checks. When her signature was

required, Defendant held, controlled, and physically moved Sofija's hand with his to affix her

signature on doctnnents.

12. Defendant procured Sofija's signature on documents this way for more than 15

years. 13. Defendant procure'd Sofija's signature on numerous legal documents from which he

personally benefited. Among them were two powers of attorney, which gave him exclusive

control over her health care decisions and finances. Defendant also procurcd Sofija's signature

on several deeds, purportedly transferring title to her personal residence solely to him.

2 ^^ 14. Defendant procured Sofija's signature on numerous finaneial documents, all of which directly and exclusively benefited him. Some gave him access to ber money, which he

transferred to his personal accounts. Others purportedly designated Defendant as a joint and

suzvivor on her accounts andlor that the accounts were payable to Defendant upon Sofija's death.

15. On February 11, 1990, Sofija executed an inter vivos trust entitled, "'I'lie Sofija

Schurowliew Ineome Trust," (hereinafter known as the Trust) (See attached Exhibit A).

16. The provisions of this Trust named Plaintiffs and Defendant as its co-trustees. It

mandated that any act related to and/or affecting the Trust can only be accomplished by the

unanirnous consent of all tlu-ee co-trustees.

17. In light of the Trust's provisions, Defendant, Plaintiffs, and Sofija all occupied a

fiduciary relationship with one another.

18. Despite the Trust's unanimous requirement, Defendant took numerous actions

related to and/or affecting the Trust witliout Plaintiffs' knowledge or consent. Defendant

transferred Trust moneys intohis personal account. Additionally, contrary to Sofija's initial

desire, Defendant failed to place title to her residence into the Trust. These actions were to

Defendant's own benefit and in detriment of Sofija and Plaintiffs.

19. Plaintiffs were unaware of most, if not all, of Defendant's conduct.

COUNT1. NEGI,IGENCE/BREACH OF FIDUCIARY DUTY

20. Plaintiffs incorporate the preceding paragraphs.

21. A fiduciary relaticinship existed between Defendant and Sofija Schurowliew, which

continued until Sofija's death. 22. A fiduciary relationship existed and still exists between Defendant and Plaintiffs.

t1g 23. In light of these relationships, Defendant owed a fiduciary duty to Plaintiffs and

Sofrja. 24. Pursuant to this duty, Defendant was required to disclose all rnaterial information to

Plaintiffs and Sofija.

25. Defendant failed todiselose all such information to Plaintiffs and Sofija.

26. Defendant breached his fiduciary duties to Plaintiffs and Sofija.

27, Defendant's breachconstitutes negligence.

28. As a result of Deferidant's breach, Plaintiffs suffered daniages.

COTJNT 2 FRAUD

29. Plaintiffs incorporate the preceding paragraphs.

30. Defendant had/has a duty to disclose all niaterial information to Plaintiffs and Sofija.

31. Despite having such a duty, Defendant knowingly made false andlor misleading

representations to Plaintiffs and Sofija.

32. Defendant knowingly concealed material facts from Sofija and Plaintiffs.

33. Defendant knowingly misled Plaintiffs and Sofija into relying on Defendant's

conduct. 34. Defendant acted with such utter disregard and reclclessness that knowledge may be

inferred.

35. Plaintiffs an.d Sofija justifiably relied on Defendant's conduct.

36. As a result of Defendant's conduct, and Plaintiffs' and So£ija's reliance thereon,

Plaintiffs suffered damages.

4 ,1) COL7NT 3 CONVERSION

37. Plaintiffs incorporate the preceding paragraphs.

38. Plaintiffs' owned, had an interest in, and/or had the right to possess property, funds, assets, things, and/or moneys owned by SoSja and/or the Tn19' - 3ed away, 39. Defendant wrongfially withdrew, •-onecaled trnbezzled, conve impennissibly possessed, disposed, and/or made uw of said proPetLy, funds, assets, things, and/or moneys. 40. Defendant's conduct constitutes wrongful conversion and/or disposition of

Plaintiffs' rights. 41. As a result of Defendant's conduct, Plaintiffs suffered damages.

COUNT 4 INTERFERENCE R'IT}I EXPECTANCY OF INPIERI"I A NCE

42. Plaintiffs incorpora;te the preceding paragraphs.

43. Plaintiffs possess a legitimate expectancy of inheritance.

44. Defendant intentioiaally interfercd with Plaintiffs' expeetancy of inheritance.

45. 7efendant's interference was/is tortious in nature, fraudulent; and/or involved

duress or undue influence. 46. Plaii;Liffs have a reasonable certainty that their expectancy of inheritance would have

been reaiized, but for Defendant's interference.

47. As a result of Defendant's conduct, Plaintiffs suffered danaages.

5 111 COt7NT 5 UNJUST ENRICHMENT

48- Plaintiffs ineoiporate the preceding paragraphs.

49. Benefits were conferred by Plaintiffs upon Defendant.

50. Defendant possessed knowledge of the benefits.

51. Defendant unjustly retained those benefits without payment.

52. As a result of Defendant's conduct, Plaintiffs suffered damages.

PI2AYER FOR RELIEF

WHEREFORE, Plaintiffs pray that this Court grant them relief as follows:

1. Enter judgrnent finding that Defenda.nt violated Ohio law as set fozfh above;

2. Order that a permanent injunction be issued, enjoiningDefendant frozn taking any actions related, to or affecturg, the Trust without the unanimous consent of Plaintiffs;

3. Order that a pernnanent injunction be issued, enjoining Defendant from taking any actions related, to or affecting, the propeity, funds, assets, things, and/or moneys either: A) related to this action: B) owned by Sofija; C) the Tru.st; and/or D) in which Plaintiffs' own/owned, or had/have an interest.

4. Award to Plaintiffs sole title and ownership to all real and personal property which

Defendant improperly obtained, withdrew, concealed, embezzled, conveyed away,

impermissibly possessed, dispesed, and/or made personal use of (or, in the alternative, order that

said property be provided, retuitled, or restored to Sofija's estate);

5. Order that Plaintiffs are entitled to compensatory and punitive datnages, in excess of

$250,000, to be paid by Deferidant;

6. Order that Plaintiffs are entitled to attorneys' fees and costs to be paid by Defcndant;

6 0 3 7. Remove Defendant as a trustee and fiduciary; and

8. Grant other and further relief as maybe just and neeessary.

JURY DEMAND

triable to a Jury. Plaintiffs deinand a trialby Jury on all counts

Mark 29325 Chagrin f3}^u.ite 3 Pepper Pike, Ohio 44122 (216) 475-5600 (216) 831-9526 {fax} mark c,mblegal.com

and

John M. Widder (0015429) Peggy Murphy Widder (0034239) Widder & Widder 18231 Shenington Road Shaker 13eights, Ohio 44122 (216) 402-5692

Attorneys for Plaintiffs

7 1 1 ^RT OF COMMON PLEAS ;CUXAIIOOA,7COUNTY, OHIO EXHIBIT ` VERA SCHUROWLIE^'^;`^ 4080 Park Fulton Oval, Suite^iQ3A Cleveland, Ohio 44144, ^^y t y,

and

ALEX SCHUROWLIEW, 1034 JUDGE LANCE T. MASON 4080 Park Fulton Oval, Suite Cleveland, Ohio 44144, CASE NO. CV-9-684581 Plaintiffs,

V.

VALENTINE G. SCHUROWLIEW, 4323 Leading Avenue Cleveland, Ohio 44109,

JOSEPH BANSCI, as the Personal Representative of AMENDED COMPLAINT the Estate of Sofija Sehurowliew 22050 Mastick Road Fairview Park, Ohio 44126, .IURY DEMAND ENDORSED IIEREON

Defendants.

Plaintiffs, Vera Schurowliew and Alex Schurowliew, for their Complaint against

Defendants, Valentine Schurowliew and Joseph Bansci, state as follows:

PARTIES,JLTRISDICTION AND VENUE

1. Plaintiffs reside in Cuyahoga County, Ohio.

2. I?efendants resides in Cuyahoga County, Ohio.

3. Plaintiffs' claims arose in Cuyahoga County, within the jurisdiction of this Court.

^^J FACTS

4. Plaintiffs and Defendant are the three children of Sofija Schurowliew (hereinafter

Sofija), deceased.

5, Defendant is the oldest son. Plaintiffs are the younger children.

6. Sofija died when she was 88 years old.

7. After hei- death, the Cuyahoga County Probate Court appointed Joseph Bancsi as the

Personal Representative of Sofija's Estate. Therefore, Pursuant to Civ. R. 19, Plaintiffs hereby name Joseph Bancsi as a Defepdant to this action as a necessary party.

8. Sofija was a Russian-born woman who was unable to speak English fluently and could communieate only in mixed Russian and English. Although she understood some English, she required translation of complicated concepts, such as legal and financial matters.

9. In addilion to this language barrier, Sofija was afflicted with severe rheumatoid arthritis, which only progressei as she aged.

10. Defendant is an attorney, licensed in Ohio, holds degrees in business and finance,

and is fluent in Russian.

11. Because of Defendant's education and abilities, Sofija became heavily reliant on him

over the fmal 20 years of her life. She depended on him to translate for her, assist with her daily

life activities, and with her financial affairs. As a result, a fiduciary relationship developed

between Sofija and Defendant.

12. Defendant took advantage of this fiduciary relationship to his own benefit and in

detriment of Sofija and Plaintiffs.

13. Defendant wrote all of Sofija's correspondence aaid checlcs. When her signature was

i-equired, Defendant held, controlled, and physically moved Sofija's hand with his to affix her

2 ,-7G signature on documents.

14. Defendant procured Sofija's signature on doeuments this way for more than 15 ycars.

15. Defendant procured Sofija's signature on numerous legal documents from which lie personally benefitcd. Aanong them were two powers of attomey, which gave him exclusive control over her health care decisions and finances. Defendant also procured Sofija's signature on several deeds, purportedly transfei-ring title to her personai residenoe solely to him.

16. Defendant procured Sofija's signature on numerous financial documcnts, all of

which directly and exclusively benefited ]um. Some gave him access to l er money, which he

transfeired to his personal accounts. Others purportedly designated Defendant as a joint and

survivor on her accounts and/oi that the accounts were payable to Defendant upon Sofija's death.

17, On February 11, 1990, Sofija executed an inter vivos trust entitled, "The Solija

Schurowliew Income Trust," (hereinafter known as the Trust) (See attachcd Exhibit A).

18. The provisions of this 1'rust named Plaintiffs and Defendant as its co-trustees. It

rnandated that any act related to and/or affecting the Trust can only be accomplished by the

unanimous consent of all tbree co-trustees.

19. In light of the Trust's provisions, Defendant, Plaintiffs, and Sofija all occupied a

fiduciary relationship with one another.

20. Despite the 'frusYs unanimous reqtiirement, Defendant took numerous actions

related to and/or affecting the Trust without Plaintiffs' knowledge or consent. Defendant

transferred Trust nioneys intQ his personal account. Additionally, contrary to Sofja's initial

desire, Defendant failed to place title to her residence into the Trust. These actions werc to

Defendant's own benefit and in detriment of Sofija and Plaintiffs.

3 ^1 21. Plaitrtiffs were unaware ofmost, ifnot all, of Defendant's conduct.

COUNT 1 NEGLIGENCE/BREACII OF FIIDUCIARY DUTY

22. Plaintiffs incorporate the preceding paragraphs.

23. A f7duciary relationship existed between Defendant and Sofija Schurowliew, which

continued until Sofija's death.

24. A frduciary relationship existed and still exists between Defendant and Plaintiffs.

25. In liglit of these relationships, Defendant owed a fiduciary duty to Plairitiffs and

SoEija.

26. Pursuant to this duty, Defendant was required to disclose all material information to

Plaintiffs and Sofija.

27. Defendant failed to disclose all such information to Plaintiffs ami Sofija.

28. Detendant breached his fiduciary duties to Plaintiffs and Sofija.

29. Defendant's breach constitutes negligence.

30. As a result of llefendant's breach, Plaintiffs suffered damages.

COUNT 2 FRAUD

31. Plaintiffs incorporate the preceding paragraphs.

32. Defendant hadlhasa duty to disclose all material infonnation to Plaintiffs and Sofija.

33. Despite having such a duty, Defendant knowingly made false and/or misleading representations to Plain6tfs and Sofija.

34. Defendant knowingly concealed material f'acts from Sofija and Plaintiffs.

35. Defendant knowingly misled Plaintiffs and Sofija into relying on Defendant's

4

^^ conduct.

36. Defendant acted with such titter disregard and recklessness that knowledge may be inferred.

37. Plaintiffs and Sofija justifiably relied on Defendant's conduct.

38. As a result of Defendant's conduct, and Plaintiffs' and Sofija's reliance thereon,

Plaintiffs suffered damages.

COUNT3 CONVERSION

39. Plaintiffs incorporate the preceding paragraphs.

40- Plaintiffs' owned,had an interest in, and/or had the right to possess property, funds,

assets, things, andJor moneys owned by Sofija and/or the Tnist.

41. Defendant wrorigfully withdrew, concealed, embezzlerI, conveyed away,

impermissibly possessed, disposed, and/or made personal use of said property, finids, assets,

things, and/or inoneys.

42. Defendant's conduct constitutes wrongful conversion and/or disposition of

Plaintiffs' rights.

43. As a result of Defendant's conduct, Plaintiffs suffered damages.

COUNT 4 IN1'ERFERENCE WITH EXPECTANCY OF INHERITANCE

44. Plaintiffs incorporate the preceding paragraphs.

45. Plaintiffs possess a legitimate expectancy of inheritance-

46. Defendant intentionally interfered with Plaintiffs' expectancy of inhentance.

47. Defendant's iiiterference was/is tortious in nature, fraudulent, andloi- involved

5 duress or tmdue influence.

48. Plaintiffs have a reasonable certainty that their expectancy of inheritance would have beer realized, but for Defendatit's interference.

49. As a result of Defendant's conduct, Plaintiffs suf'fered da iiages.

COUN'T 5 UNJC7ST ENRICHMENT

50. Plaintiffs incorporate the preceding paragraphs.

51. Benefits were confeired by Plaintiffs upon Defendant.

52_ Defendant possessed knowledge of the benefits.

53. Defendant unjustly retained those benefits without payment.

54. As a result of Defendant's conduct, Plaintiffs suffered damages.

PRAYER FOR RF.I.IEF

WHEREFORE, Plaintiffs pray that this Court grant them relief as follows:

1. Enter judgment finding that Defendant violated Ohio law as set forth above;

2. Order that a peiTnanent injunction be issued, enjoining Defendant from taking any

actions related, to or a'ffecting,the Trust without the unanimous consent of Plainliffs;

3. Order that a pennanent injunction be issued, enjoining Defendant from taking any

actions related, to or affecting, the property, fiinds, asscts, things, and/or moneys eithcr: A)

related to this action: B) ovwned by Sofija; C) the Trust; and/or D) in which Plaintiffs'

own/owned, or had/have an interest.

4. Awar(I to Plaintiffs sole title and ownership to all i-eal and personal property wlzich

Defendant improperly obtained, withdrew, concealed, embezzled, conveyed away,

) 06 CERTIFICATE OF SERVICE

A true copy of this mqtion for leave to amend the complaint was served on the following individual(s) via regular mail on April 6, 2009.

Stanley Josselson 1276 West 3rd Street, Suite 411 Cleveland, OH 44113 Attorney for Defendant Valentine

Joseph Bancsi 22050 Mastick Road Pairview Park, Ohio 44126 Personal Representative of the Estate of Sofija Schurowliew

8. 111