IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO CASE NO JUDGE

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1 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Joseph Giangrande 7257 Nobb Hill Drive Parma, Ohio 44130, CASE NO JUDGE Patricia Nowacki-Giangrande 7257 Nobb Hill Drive Parma, Ohio 44130, Plaintiffs, v. Catholic Diocese of Cleveland c/o Lawrence E. Murtaugh, Stat. Agent 1404 East 9th Street, 3rd Floor COMPLAINT FOR MONEY DAMAGES Cleveland, Ohio 44114, Most Rev. Richard G. Lennon Bishop of the Diocese of Cleveland c/o Lawrence E. Murtaugh, Stat. Agent 1404 East 9th Street, 3rd Floor Cleveland, Ohio 44114, St. Rocco Church 3205 Fulton Road Cleveland, Ohio 44109, Fr. James Mayer O.de.M 3205 Fulton Road Cleveland, Ohio 44109, Defendants.

2 Plaintiffs, Joseph Giangrande and Patricia Nowacki-Giangrande (the "Giangrandes"), for their Complaint against Defendants, Catholic Diocese of Cleveland (the "Diocese"), Most Rev. Richard G. Lennon, Bishop of the Diocese of Cleveland ("Bishop Lennon"), St. Rocco Church ("St. Rocco"), and Fr. James Mayer O.de.M ("Father Mayer") (collectively, the Diocese, Bishop Lennon, St. Rocco and Father Mayer are referred to as "Defendants"), state as follows: GENERAL ALLEGATIONS 1. The Giangrandes are individuals, husband and wife, who now reside in the City of Parma, Cuyahoga County, Ohio. 2. The Diocese is an Ohio not-for-profit corporation located in the City of Cleveland, Cuyahoga County, Ohio. The Diocese is a record title owner of the real property and improvements located at 3475 St. Rocco Court, Cleveland, Ohio 44109, also known as PPN (the "Property"). (See attached Exhibit "A"). 3. Bishop Lennon is the successor to Bishop Anthony Pilla at the Diocese. Bishop Lennon is also listed as a record title owner of the Property. 4. St. Rocco is a Catholic church located in the City of Cleveland, Cuyahoga County, Ohio. St. Rocco is also listed as a record title owner of the Property. 5. Father Mayer is the current pastor at St. Rocco, and the successor pastor to Father Michael Contardi ("Father Contardi"). 6. Plaintiff, Joseph Giangrande, has been a lifelong parishioner and member of St. Rocco. Joseph Giangrande's family members have been parishioners of St. Rocco for many decades. 2

3 7. The Giangrandes were married by Father Contardi at St. Rocco in The Giangrandes were tenants in the Property from at least 2000 until they were constructively evicted and forced to leave in the summer of The Property is physically located on the church grounds of St. Rocco. 10. In or around 2001, while the Giangrandes occupied the Property, pipes burst and significant flooding and damage occurred to the Property. 11. In order to make the Property safe and habitable, St. Rocco, through Father Contardi, requested that the Giangrandes renovate the Property. The Giangrandes purchased materials and provided the labor to renovate the Property based upon an agreement that St. Rocco would repay the Giangrandes for all labor and materials. 12. After the renovations were completed, Father Contardi informed the Giangrandes that St. Rocco did not have sufficient funds to repay the Giangrandes for the costs and labor of renovating the Property. 13. In lieu of immediate repayment for the Giangrandes labor and expenses, on or around February 15, 2003, the Giangrandes and Father Contardi discussed, agreed to and executed a residential lease agreement (the "Lease"), whereby the Property would be leased to the Giangrandes at a reduced monthly rate in consideration for the Giangrandes' expenses and labor incurred in renovating the Property. A copy of the Lease is attached as Exhibit "B". 14. The Lease was reviewed, approved and executed by Father Contardi. (Ex. B). 15. The Lease provides that Father Contardi was acting as "AGENT for St. Rocco Church, and future pastors, and Catholic Diocese of Cleveland, Cuyahoga County, Ohio, and Bishop Anthony Pilla, et al., to be known and identified as LANDLORD...". (Ex. B). 3

4 16. The Lease contained the following pertinent provisions: The Giangrandes were required to pay One Hundred and Twenty-Five Dollars ($125.00) per month in rent for "as long as [the Giangrandes] lives at [the Property]." (Ex. B, 13) The rent was "discounted" because the Giangrandes paid for "the cost of rehabilitating the premises of the lease." (Ex. B, 14), The costs incurred by the Giangrandes totaled $76, as the "total amortization value," specifically including (1) $25, for all building materials including furnace, hot water taken, 5 storm windows installed by the Giangrandes; (2) $11, interest of borrowed money assessed to the Giangrandes; and (3) $40, labor value for self and contracted labor cost to the Giangrandes. (Ex. B, 14). "The amortization value represents a rounded monthly value of ($160.00) one hundred sixty dollars, or a total of $76, of value to be recovered by [the Giangrandes] through the lease over a 40 years period starting on the date the lease is signed." (Ex. B, 14). Defendants could not "break" the Lease until certain conditions were met, the pertinent condition being that prior to terminating the Lease, Defendants agreed to pay the Giangrandes "in lump sum, the remaining amortization value of the lease." (Ex. B, m 17. From February, 2003 through July, 2016, the Giangrandes resided at the Property and remained active members of St. Rocco and habitually paid their required monthly rent per the Lease. 4

5 18. From 2001 through the time the Giangrandes ceased occupying the Property, the Giangrandes spent substantial time, money, effort and resources for the benefit of St. Rocco, including, and not limited to, the following: A. Supplying St. Rocco with kitchen appliances, house furniture, rugs, drapery and cleaning supplies. B. Renovating and repairing apartments owned by St. Rocco. C. Performing carpentry, electrical and plumbing services to fix and/or finish work started by others. D. Repairing a dangerous gas leak causing carbon monoxide problems. E. Renovating St. Rocco's Parish Center (demolition and construction). F. Renovating and repairing other St. Rocco rental properties/houses located on Roehl Avenue. G. Landscaping the entire church grounds, including acquiring mulch, trees, shrubs and numerous plants. H. Renovating a hazardous parking lot into a grassy play area for the children of St. Rocco's Day Care. I. Removing and replacing hazardous soil. J. Supplying St. Rocco with landscaping and snow removal equipment, salt, a John Deere tractor, lawnmowers, blowers, edgers, and paying for the fuel and maintenance of this equipment. K. Striping the St. Rocco parking lot. L. Constructing a three-season room on the Property. M. Remodeling the St. Rocco Church Hall kitchen. N. Providing numerous services at the request of Father Contardi and Father James. 5

6 19. The Giangrandes' donations set forth in ^18(A)-(N) were entirely separate and distinct from the Giangrandes renovations and repairs of the Property as indicated in the Lease. The Giangrandes received donation letters from St. Rocco for their donations outlined in 18(A)- (N). 20. The Giangrandes have never received any letter of donation regarding the renovations to the Property indicated in the Lease. 21. On or around April 18, 2016, Bishop Lennon, by and through counsel, sent the Giangrandes a letter indicating that the rent for the Property will be unilaterally increased to $ per month beginning June 1, 2016, and then $ per month from July 1, 2016 thereafter (the "Notice"). A copy of the Notice is attached as Exhibit "C". 22. The Giangrandes contacted Father Mayer regarding the Notice and were informed by Father Mayer that the Diocese desired to tear down the Property and other properties which were located on St. Rocco s grounds, as St. Rocco could not afford the taxes and financial burdens for the Property. 23. The Giangrandes demanded the payment owed to them under the Lease, and provided Father Mayer with the receipts of the aforementioned repairs made to the Property. Father Mayer stated there was nothing he could do for the Giangrandes. 24. The Diocese, Bishop Lennon and St. Rocco refuse to repay the Giangrandes for the remaining balance due on the $76, "amortization value" pursuant to the Lease. 25. Due to the Notice, the Giangrandes were constructively evicted and forced to vacate the Property in or around the end of July,

7 26. At the time the Giangrandes vacated the Property, Father Mayer instructed them to take any furniture, fixtures or items with them so as to make their "new house a home", and as the Property was to be demolished. 27. As it turns out, after the Giangrandes vacated the Property, the Property was not tom down, but rather became the location of church offices and/or living quarters. COUNT I BREACH OF LEASE/BREACH OF CONTRACT 28. Plaintiffs restate and reallege all of the allegations contained in Paragraphs 1 through 27 of their Complaint as if fully rewritten herein. 29. Father Contardi executed the Lease acting as an agent on behalf of the Diocese, St. Rocco and Bishop Anthony Pilla. 30. Exhibit "B" attached hereto is either a lease or a contract entered into between the Giangrandes and the Defendants. 31. The Giangrandes reasonably believed that Father Contardi had actual authority to execute the Lease on behalf of the Diocese, St. Rocco and Bishop Anthony Pilla. 32. Father Contardi had apparent authority to execute the Lease on behalf of the Diocese, St. Rocco and Bishop Anthony Pilla. Lease. 33. Father Mayer is a successor to Father Contardi s obligations under the Lease. 34. Bishop Lennon is a successor to Bishop Anthony Pilla s obligations under the 35. Defendants breached the Lease by terminating the Lease and constructively evicting the Giangrandes from the Property. 7

8 36. As a direct and proximate result of Defendants' breach of the Lease, Defendants are obligated to pay the Giangrandes "in lump sum, the remaining amortization value of the lease." (Ex.B,f7). 37. The Notice constituted a construction eviction of the Lease because Defendants unilaterally increased the rent from the agreed upon $ per month to $ per month beginning June 1, 2016, and then $ per month from July 1, 2016, thereafter. 38. Upon receipt of the Notice, and after failed discussions with Defendants, the Giangrandes were forced to vacate the Property. 39. The Giangrandes have fully complied with their obligations under the Lease. 40. As a direct and proximate result of Defendants breach of the Lease, the Giangrandes have sustained damages in an amount to be proven at trial and believed to exceed Twenty-Five Thousand Dollars ($25,000.00). COUNT II UNJUST ENRICHMENT/OUANTUM MERUIT 41. Plaintiffs restate and reallege all of the allegations contained in Paragraphs 1 through 40 of their Complaint as if fully rewritten herein. 42. In the alternative, in the event this Court determines a lack of binding lease or agreement, the Giangrandes conferred the benefit of the substantial renovations and repairs to the Property to Defendants. 43. Defendants knew of, and know of, the benefits conferred upon them. 44. Defendants have retained the benefits conferred upon them by and through the substantial improvements to the Property. 8

9 45. Defendants have failed to compensate the Giangrandes for their expenses and labor in renovating and repairing the Property, as outlined in the Lease/contract that fully embodies the understanding and agreement of the parties. 46. As a direct and proximate result of Defendants actions, the Giangrandes have sustained damages in an amount to be proven at trial and believed to exceed Twenty-Five Thousand Dollars ($25,000.00). WHEREFORE, Plaintiffs, Joseph Giangrande and Patricia Nowacki-Giangrande, demand judgment against Defendants, Catholic Diocese of Cleveland, Most Rev. Richard G. Lennon, Bishop of the Diocese of Cleveland, St. Rocco Church, and Fr. James Mayer O.de.M, as follows: A. On Count I, damages in an amount to be determined at trial, and believed to exceed Twenty-Five Thousand Dollars ($25,000.00); B. On Count II, damages in an amount to be determined at trial, and believed to exceed Twenty-Five Thousand Dollars ($25,000.00); C. Reasonable attorneys fees; D. Pre- and post-judgment interest at the maximum rate allowed by law; E. All costs of this action; and F. Any additional relief which this Court deems just and equitable. 9

10 Respectfully submitted, DINN, HOCHMAN & POTTER, LLC /s/ Thomas A. Bami _ THOMAS A. BARNI ( ) ALEC F. DAVIDSON ( ) 5910 Landerbrook Drive, Suite 200 Cleveland, Ohio (440) Phone (440) Fax tbami@dhplaw.com adavidson@dhplaw.com Counsel for Plaintiff 10