Plaintiff alleges as follows:
-
At all relevant times mentioned herein, Plaintiff, THE CHURCH OF THE
SPIRITUAL
MOLOKANS OF ARIZONA, INC., was a non-profit corporation incorporated
under
the laws of the State of Arizona and operating as a religious
organization.
Hereinafter, singular “Plaintiff” means the THE CHURCH OF THE SPIRITUAL
MOLOKANS OF ARIZONA, INC.
- At all times relevant and currently, the Plaintiffs,
PHILLIP W. PROHOROFF,
EPHREM E. TOLMACHOFF, FRED W. TOLMACHOFF, DAVID D. TOLMACHOFF and
ANDREW
JOHN CONOVALOFF, are all residents of Maricopa County, Arizona.
Plaintiff
PHILLIP W. PROHOROFF is the President/Director of the Church of the
Spiritual
Molokans of Arizona, Inc. EPHREM E TOLMACHOFF is the Treasurer and a
director.
ANDREW JOHN CONOVALOFF is the Secretary and a Director. FRED W.
TOLMACHOFF
and DAVID D. TOLMACHOFF are directors of the Church of Spiritual
Molokans
of Arizona, Inc.
- Plaintiff is informed and believes and thereupon alleges
that Defendant
JACK WILLIAM TOLMACHOFF is a natural person residing in the County of
Maricopa,
Arizona.
- Plaintiff is informed and believes and thereupon alleges
that Defendant
DORIS TOLMACHOFF is a natural person residing in the County of
Maricopa,
Arizona.
- Plaintiff is informed and believes and thereupon alleges
that Defendant
GARY J. TOLMACHOFF is a natural person residing in the County of
Maricopa,
Arizona.
- Plaintiff is informed and believes and thereupon alleges
that Defendant
DAVID J. TOLMACHOFF is a natural person residing in the County of
Maricopa,
Arizona.
- Plaintiff is informed and believes and thereupon alleges
that Defendant
JACK WILLIAM TOLMACHOFF JR. is a natural person residing in the County
of Maricopa, Arizona.
- Plaintiff is informed and believes and thereupon alleges
that Defendant
WILLIAM J. TOLMACHOFF is a natural person residing in the County of
Maricopa,
Arizona.
- Plaintiff is informed and believes and thereupon alleges
that Defendant
DANIEL J. TOLMACHOFF is a natural person residing in the County of
Maricopa,
Arizona.
- Plaintiff is informed and believes and thereupon alleges
that Defendant
PETER WILLIAM TOLMACHOFF is a natural person residing in the County of
Maricopa, Arizona.
- Plaintiff is informed and believes and thereupon alleges
that Defendant
SARAH TOLMACHOFF is a natural person residing in the County of
Maricopa,
Arizona.
- Plaintiff is informed and believes and thereupon alleges
that Defendant
MICHAEL ZAREMBA is a natural person residing in the County of Maricopa,
Arizona.
- Plaintiff is informed and believes and thereupon alleges
that Defendant
PETER S. URAINE is a natural person residing in the County of Maricopa,
Arizona.
- Plaintiff is informed and believes and thereupon alleges
that Defendant
SANDRA L. URAINE, is a natural person residing in the County of
Maricopa,
Arizona.
- The true names and capacities of Defendants DOES 1 through
50, inclusive,
are unknown to Plaintiff, who therefore sues said Defendants by such
fictitious
names. Plaintiff may seek leave of court to amend this complaint when
said
true names and capacities have been ascertained.
GENERAL ALLEGATIONS
-
Spiritual Christian Molokan Jumpers and Leapers (hereinafter “Molokan
Jumpers”)
are a distinct religious sect, many of whom emigrated to America from
Russia
shortly after the turn of the 20th century and have remained as a
brotherhood
community continuously until the present. In or about 1911, a Molokan
Jumpers
church was established in the State of Arizona, in the vicinity of
Glendale,
in Maricopa County.
- In or about 1936, said Molokan Jumpers church in Arizona
was incorporated
with the State of Arizona as a religious non-profit corporation under
the
name of THE CHURCH OF THE SPIRITUAL MOLOKANS OF ARIZONA, INC.
(“Church”)
Since its incorporation, and continuing until the present, the Molokan
Jumpers church in Arizona has operated under such title.
- The Premises at issue, title held by Plaintiff, is a church
facility consisting
of a building upon specific real property located at 7403-7443 West
Griffin
Avenue, City of Glendale, State of Arizona and a cemetery upon specific
real property located at 75th Avenue and Maryland, City of Glendale,
State
of Arizona (“Premises”).
- Upon information and belief, Plaintiff alleges that
Defendants, and each
of them, have not paid annual dues to the Church, have not supported
the
Church, and as such are not Members in Good Standing of Plaintiff.
Moreover,
prior to August 5, 2001, Defendants, and each of them, either rarely or
have never attended services in the Church.
- On or about August 5, 2001, Church services began as usual
with a prayer
upon entering of the building of the Premises. Upon information and
belief,
Plaintiff alleges that subsequent to said prayer, Defendants, led by
Defendant
DAVID J. TOLMACHOFF, interrupted Church services by standing up in the
middle of the congregation and ordering a cessation of the services,
making
several announcements, declaring that:
- Defendants, and each of them, had held a secret election
to nominate and elect themselves to office;
- Defendants were the new authority of the Church;
- A new board of directors and officers were elected by
Defendants at the secret meeting;
- Plaintiff and its members were no longer allowed to
conduct services upon the premises; and
- Plaintiff’s members were ordered to leave.
- Upon information and belief, Plaintiff alleges that
Defendants subsequently
caused various and continuous disruptions of Church services,
including,
but not limited to,
- yelling, swearing, and cursing;
- removing articles of religious significance;
- throwing articles of religious significance; and
- interrupting prayers.
From August 5, 2001 until the present, Defendants’ conduct made any and
all Church services impossible for Plaintiff’s members to conduct. As a
direct result, Church services were not properly performed in full
during
this period. Plaintiff’s members were forced to procure alternate
temporary
facilities to conduct religious services.
- Upon information and belief, Plaintiff alleges that on or
about September
20, 2001, Defendants PETER WILLIAM TOLMACHOFF and SARAH TOLMACHOFF
filed
injunctions against Harry Haprov, a Member in Good Standing of
Plaintiff.
Additionally, Defendant WILLIAM J. TOLMACHOFF filed an injunction
against
Phillip Prohoroff, Plaintiff’s president. Each and every injunction
filed
by Defendants was for an improper purpose to harass and annoy Plaintiff
and its members.
- Upon information and belief, Plaintiff alleges that on or
about September
20, 2001, Defendants JACK WILLIAM TOLMACHOFF and PETER WILLIAM
TOLMACHOFF
fraudulently and unlawfully filed, with the Arizona Corporation
Commission,
a “Statement of Change of Known Place of Business or Statutory Agent”
for
an improper purpose.
- Upon information and belief, Plaintiff alleges that on or
about October
18, 2001, Defendant PETER S. URAINE unlawfully and fraudulently caused
Plaintiff’s Statutory Agent to authorize a change of signatory access
to
the Church funds. Plaintiff’s Statutory Agent, JOHN J. CONOVALOFF, is
the
Church minister and is a frail, blind, 82 year old man with dementia.
- Upon information and belief, Plaintiff alleges that on or
about January
12, 2002, Defendants informed Members of Plaintiff that said members
may
no longer attend or conduct religious services upon the premises.
Moreover,
Defendants threatened members of Plaintiff with physical violence if
any
members of Plaintiff would attempt to enter the Church.
- Upon information and belief, Plaintiff alleges that on or
about January
19, 2002, Defendants, and each of them, forcefully and unlawfully
prevented
any and all of Plaintiff’s Members from entering the Church building.
Moreover,
Defendants changed the locks to the gate of the premises, the gate to
the
Church Cemetery, and to the doors of the building.
- Subsequent to January 19, 2002, Plaintiff’s Members in Good
Standing
were unable to enter the Premises. Defendants prevented Plaintiff from
conducting any and all religious services on the Premises.
- Upon information and belief, Plaintiff alleges that on or
about January
24, 2002, Defendant DAVID J. TOLMACHOFF filed an injunction against
ANDREW
JOHN CONOVALOFF. Such injunction was filed for an improper purpose and
to harass Plaintiff.
- Upon information and belief, Plaintiff alleges that on or
about January
25, 2002, Defendant PETER WILLIAM TOLMACHOFF filed an injunction
against
HARRY HAPROV. Such injunction was filed for an improper purpose and to
harass Plaintiff.
- Upon information and belief, Plaintiff alleges that
Defendants, and
each of them, have altered the form of worship of Molokan Jumpers
services.
Molokan Jumpers services are documented within a book entitled Spirit
&
Life. The services which Defendants refuse and fail to perform,
including,
but not limited to:
- members greeting each other in the ordained manner,
- movement by the Holy Spirit to jump,
- proper holiday worship,
- calling out spiritual words during singing,
- performing services in Russian.
- Molokan Jumpers are adamantly opposed to many of the
ceremonies adopted
by Defendants, including, but not limited to:
- Service without the Spirit and Life,
- partaking of communion with grape juice,
- non-member guest speakers
- Plaintiff has paid all debts, maintained all utilities,
performed upkeep,
and all other aspects of ownership of the premises.
FIRST CAUSE OF ACTION
(Conversion)
- Plaintiff realleges, and incorporates herein by reference,
each and
every allegation set forth in paragraphs 1 through 32.
- Plaintiff obtained lawful control or possession, by virtue
of donations
to Plaintiff, of the following:
- Church general fund of $911.13 (“General Fund”) until
October 18, 2001,
- the Premises until January 19, 2002.
- Upon information and belief, Plaintiff alleges that
Defendants have
not contributed or donated to Plaintiff. As such, Defendants’ control
or
possession of the General Fund and Premises are not lawful.
- On or about October 18, 2001, Defendants unlawfully
obtained possession
of the General Funds when Defendant PETER S. URAINE unlawfully, without
consent or authority, fraudulently caused the statutory agent, who is a
frail, blind, 82 year old minister with dementia, to authorize a change
of signatory access to the Church funds. Moreover, the document was
improperly
and unlawfully notarized by Defendant SANDRA L. URAINE.
- On or about January 19, 2002, Defendants wrongfully and
unlawfully
usurped control of the Premises when Defendants changed the locks to
the
building and the gates while withholding the key from Plaintiff and
Plaintiff’s
Members in Good Standing, thus denying Plaintiff access to the building
and premises. Defendants’ actions have severely inconvenienced
Plaintiff
and have caused a hardship upon Plaintiff, which has required Plaintiff
to obtain a facility elsewhere in order to conduct religious services.
- Defendants also deviously induced the Arizona Corporation
Commission
to change the name of the corporation and its officers and directors
when
Defendants held secret meetings to exclude Plaintiff’s directors and
officers
and subsequently filed false filings with the Arizona Corporation
Commission
to substantiate their actions. Such actions are illegal and criminal.
Defendants
intentionally caused unauthorized alterations to the legal status of
Plaintiff
to obtain assumption and right of possession of the premises to the
exclusion
of Plaintiff and Plaintiff’s directors and Members in Good Standing.
- The said transfer of Church funds and the usurpation of
control of
the premises were done without the consent of Plaintiff and for
Defendant’s
own benefit and purposes. Control and possession of the said property
were
intentionally and unlawfully seized.
- The actions of Defendants, as hereinabove alleged, were
willful, malicious,
oppressive, illegal, malevolent, and was done with the intent to harm
and
defraud Plaintiff and with a gross disregard to Plaintiff’s rights.
Furthermore,
said acts and conduct were designed by Defendants to take unfair
advantage
of Plaintiff. Therefore, in addition to actual damages, Plaintiff is
entitled
to recover punitive damages, to make an example of and to punish the
Defendants,
and to discourage such behavior in the future, in an amount to be shown
according to proof at time of trial.
- Between August 5, 2001, and the filing of this action,
Plaintiff has
spent significant time and money in pursuit of the property herein
alleged,
in an amount to be shown according to proof at time of trial. As a
result
of the Defendants’ said conversion of the partnership assets, Plaintiff
has suffered general and special damages.
SECOND CAUSE OF ACTION
(Nuisance)
- Plaintiff realleges, and incorporates herein by reference,
each and
every allegation set forth in paragraphs 1 through 41.
- Defendants, and each of them, intentionally caused repeated
and ongoing
disturbances and annoyances to Church services conducted by Plaintiff,
beginning August 5, 2001, and continuing to the present. Examples of
disturbances
and annoyances committed by Defendants, but not limited to, include
- yelling, swearing, and cursing during Church services,
- stopping Church Services by waiving arms and shouting,
- fighting,
- slander,
- causing the legal processes to be invoked for an improper
purpose,
- obstructing the reasonable and enjoyable use of the
Plaintiff’s property,
- altering services to a format different than that which
was performed by Plaintiff in the past and different from that
performed by other Molokan Jumpers Churches.
- Plaintiff has suffered severely because of the inability to
use its
property as a direct and proximate result of the Disruptions described
in paragraph 43 herein. Therefore, in addition to actual damages,
Plaintiff
is entitled to recover punitive damages, to make an example of and to
punish
the Defendants, and to discourage such behavior in the future, in an
amount
to be shown according to proof at time of trial.
THIRD CAUSE OF ACTION
(Fraud)
- Plaintiff realleges, and incorporates herein by reference,
each and
every allegation set forth in paragraphs 1 through 44.
- Defendants deviously induced Plaintiff’s Statutory Agent to
unknowingly
sign a signatory card. Defendants subsequently transferred all Church
funds
from Plaintiff’s bank account when Defendants made representations to
Plaintiff’s
statutory agent, Plaintiff reasonably relied upon, to Plaintiff’s
detriment,
by falsely stating that the funds were to be used for Church purposes.
The funds were subsequently transferred to an account held by
Defendants.
- Defendants also deviously induced the Arizona Corporation
Commission
to change the name of the corporation and its officers and directors
when
Defendants held secret meetings to exclude Plaintiff’s directors and
officers
and subsequently filed false filings with the Arizona Corporation
Commission
to substantiate their actions. Defendants intentionally caused a fraud
against the State of Arizona for the direct and intentional purpose of
depriving Plaintiff of possession and control of the premises.
- Defendants’ conduct was egregious, willful, purposeful,
malicious,
and intentional, causing Plaintiff to suffer significant damages, which
should entitle Plaintiff to an award of Punitive Damages. Moreover,
Defendants’
conduct was done with the intent to harm and defraud Plaintiff and with
a gross disregard of Plaintiff’s rights. Additionally, said acts and
conduct
were designed by Defendants to take unfair advantage of Plaintiff.
Therefore,
in addition to actual damages, an award of Punitive Damages is proper,
to make an example of and to punish Defendants and to discourage such
behavior
in the future.
- As a direct and proximate result of Defendant’s actions,
Plaintiff
has suffered general and special damages. The amount of the damages is
not yet known, but will be shown with particularity according to proof
at time of trial.
FOURTH CAUSE OF ACTION
(Conspiracy to Commit Fraud)
- Plaintiff realleges, and incorporates herein by reference,
each and
every allegation set forth in paragraphs 1 through 49.
- Defendants, and each of them, intentionally, knowingly, and
willfully
conspired and agreed amongst themselves to fraudulently deprive
Plaintiff
from full and unimpeded benefit of the Premises and General Fund by
agreeing
amongst themselves to cause a nuisance within the Premises and a Fraud
upon the Arizona Corporation Commission.
- Defendants performed the acts hereinabove alleged pursuant
to, and
in furtherance of, the conspiracy and agreement above alleged.
- As a direct and proximate result of the conspiracy by
Defendants, as
alleged above, Plaintiff has suffered pecuniary losses, the true amount
to be determined at trial.
- In performing the acts alleged above, Defendants, and each
of them,
acted with malice, in wanton and reckless disregard for Plaintiffs
rights
and with intent to harm Plaintiff. Accordingly, Plaintiff seeks
punitive
damages against Defendants to make an example of and to punish
Defendants
and to discourage such behavior in the future.
FIFTH CAUSE OF ACTION
(Group Defamation)
- Plaintiff realleges, and incorporates herein by reference,
each and
every allegation set forth in paragraphs 1 through 54.
- Plaintiff is a Molokan Jumpers Church which is a part of
the Molokan
Jumpers Brotherhood community. The Molokan Jumpers Brotherhood
community
comprises of several dozen Churches in a distinct brotherhood community
and vie member Churches for support and esteem. Such support is vital
for
the continued growth of the community and for each Molokan Jumpers
Church
because marriage within the community is strictly adhered to.
Compliance
with proper rituals and religious procedures determines the status of
acceptance
into the Molokan Brotherhood.
- Several actions taken by Defendants has caused a severe
diminishing
of esteem of Plaintiff by members of the specific and distinct
community
of the Molokan Jumpers Brotherhood. Molokan Jumpers Churches have made
decrees within their Church not to support services within the premises
because of but not limited to,
- severe alterations of Church services,
- rejection and denouncement of Church doctrine,
- introduction of new and contrary Church doctrine, and
- introducing violence into the Church.
- Removed religious articles, including the Spirit and Life.
- Defendants accused Plaintiffs of Satanic worship and
intentionally
and knowingly began rumor of corrupt and illegal activity committed by
Plaintiff’s members. Satanic worship is diametrically opposed to the
beliefs
of Plaintiffs and such accusations had a harmful effect upon
Plaintiff’s
members within the local community in Maricopa County.
- As a direct and proximate result the actions taken by
Defendants, as
described hereinabove, Plaintiff has suffered ridicule, scorn, and
contempt
from the Brotherhood of Molokan Jumpers Churches. Many members of the
Brotherhood
of Molokan Jumpers Churches have excommunicated any and all services
conducted
in the building while defendants were attending, as a direct and
proximate
result of Defendants’ conduct.
- As a result of the Defendants’ said Defamation of
Plaintiff, Plaintiff
has suffered general and special damages in an amount to be shown
according
to proof at trial.
SIXTH CAUSE OF ACTION
(Unjust Enrichment)
- Plaintiff realleges, and incorporates herein by reference,
each and
every allegation set forth in paragraphs 1 through 60.
- By reason of the actions, omissions, statements, and
conduct of the
Defendants, and each of them, as hereinabove alleged, Defendants have
been
unjustly enriched. Specifically, but without limiting the foregoing,
Defendants
obtained possession and control of the Premises and general fund to the
exclusion of Plaintiff, Defendants conspired to defraud and cause
tortious
misrepresentation against Plaintiff to unlawfully obtain dominion and
control
of Plaintiff’s property and general funds.
SEVENTH CAUSE OF ACTION
(Declaratory Relief)
- Plaintiff realleges, and incorporates herein by reference,
each and
every allegation set forth in paragraphs 1 through 62.
- An actual controversy has arisen and now exists between
Plaintiff and
the Defendants concerning their respective rights and duties arising,
or
growing out of, the possession and title of the premises.
- A judicial determination of Plaintiff’s rights and duties
is necessary
and proper at the present time to determine:
- that Plaintiff is the proper controlling entity of the
Premises and general fund,
- whom the proper corporate directors are,
- that the proper name of the corporation is CHURCH OF
SPIRITUAL MOLOKANS OF ARIZONA, INC,
- that Defendants may be excluded from the premises, and
- that all injunctions placed against Plaintiff’s members
was for an improper purpose and are to be quashed.
Presently, Plaintiff has its rights deprived, causing severe harm to
Plaintiff.
- As a direct and proximate result of the Defendants’
conduct, as herein
above alleged, Plaintiff has sustained damages in sums to be shown
according
to proof at the time of trial.
EIGHTH CAUSE OF ACTION
(Accounting)
- Plaintiff realleges, and incorporates herein by reference,
each and
every allegation set forth in paragraphs 1 through 66, inclusive, of
this
complaint as though fully set forth in their entirety herein.
- On or about March 21, 2002, Plaintiff demanded from
Defendants an accounting
and return of all funds taken by Defendants. Plaintiff repeated its
demands
on April 17, 2002, April 21, 2002, and July 18, 2002.
- Defendants, and each of them, are obligated, and Plaintiff
is entitled
to an accounting and return of all funds which were wrongfully and
unlawfully
taken by Defendants, for principal and interest from October 11, 2001
until
the present.
- As of the date of the filing of this action, Plaintiff has
received
no response from Defendants, or any other person acting on its behalf,
accounting for the sums of money taken by Defendants.
NINTH CAUSE OF ACTION
(Equitable Estoppel)
- Plaintiff realleges, and incorporates herein by reference,
each and
every allegation set forth in paragraphs 1 through 70.
- Defendants, and each of them, by reason of the foregoing,
are equitably
estopped from proceeding on their current course of conduct and
inaction
in depriving Plaintiff of its real property interest in the Home, to
which
Plaintiff is entitled.
TENTH CAUSE OF ACTION
(Injunctive Relief)
- Plaintiff realleges, and incorporates herein by reference,
each and
every allegation set forth in paragraphs 1 through 72.
- Upon information and belief, Plaintiff alleges that
Defendants have
seized control of the Premises, to the exclusion of Plaintiff,
Plaintiff’s
Members in Good Standing, and other members of the Molokan Jumpers
Brotherhood.
- Plaintiff’s interest is in the Church premises and building
is currently
in jeopardy, directly and proximately causing a need for an injunction
to prevent the alienation of the Church premises and building. In the
absence
of said injunction, Plaintiff’s ability to recover may be severely
hindered.
WHEREFORE, Plaintiff prays for judgment against the
Defendants, and each
of them, as follows:
FIRST CAUSE OF ACTION
-
For actual damages in excess of the jurisdictional limits, the exact
amount of which will be shown according to proof at the time of trial;
- For the fair rental value of the Premises.
- For interest on the damages;
- For punitive damages in an amount to be shown according to
proof at
time of trial;
SECOND CAUSE OF ACTION
-
For actual damages in excess of the jurisdictional limits, the exact
amount of which will be shown according to proof at time of trial;
- For punitive damages in an amount to be shown according to
proof at
time of trial;
THIRD CAUSE OF ACTION
- For actual damages in excess of the jurisdictional limits,
the exact
amount of which will be shown according to proof at time of trial;
- For punitive damages to be shown according to proof at time
of trial;
FOURTH CAUSE OF ACTION
- For actual damages in excess of the jurisdictional limits,
the exact
amount of which will be shown according to proof at time of trial;
- For punitive damages to be shown according to proof at time
of trial;
FIFTH CAUSE OF ACTION
- For actual damages in excess of the jurisdictional limits,
the exact
amount of which will be shown according to proof at time of trial;
- For punitive damages to be shown according to proof at time
of trial;
SIXTH CAUSE OF ACTION
- For the imposition of a constructive trust on all property
and income
acquired by Defendants, by reason of the illegal conduct against
Plaintiff
as pleaded herein;
- For an order returning all property, real and personal,
unlawfully
obtained by Defendants;
SEVENTH CAUSE OF ACTION
- For a declaration of Plaintiff’s right in and to the real
and personal
property alleged herein.
EIGHTH CAUSE OF ACTION
- For an accounting of all assets and liabilities of
Defendants for the
actions herein alleged, together with all funds received and paid out
in
connection with the Church funds, from the date which funds were taken
out of Plaintiff’s general fund account to the present, in a manner
which
the court finds most appropriate.
NINTH CAUSE OF ACTION
- For an order that Defendants be estopped from taking the
actions which
they have undertaken and that Plaintiff be compensated for the sums
wrongfully
appropriated by Defendants;
- For damages for the time and money properly expended in
pursuit of
the property alleged hereinabove, in an amount to be proven at trial;
- For punitive damages in an amount appropriate to punish
Defendants
and to deter others from engaging in similar misconduct, according to
proof
at time of trial;
TENTH CAUSE OF ACTION
- That This Court enjoin Defendants, and each of them, from:
- alienating or otherwise disposing of the Church premises
and building,
- prohibiting Plaintiff’s members and other members of the
Molokan Jumpers Brotherhood from attending and participating in Molokan
Jumpers services,
- altering the services as performed by Plaintiff, and
- disrupting services.
FOR ALL CAUSES OF ACTION
- Any and all profits derived from property illegally
transferred;
- For an award of attorneys’ fees as allowed by contract or
statute;
- For costs of suit; and
- For such other and further relief as the court may deem
just and proper
under the circumstances.
RESPECTFULLY SUBMITTED this _16_ day of September 2002
____[Signature]____
Dean W. O’Connor
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