IN THE COURT OF COMMON PLEAS
STARK COUNTY, OHIO

GEORGE KOROCEDES :: CASE NO.
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:: JUDGE:
and ::
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KENNETH MAYLE :: COMPLAINT
::
::
and ::
::
GERALD M. DAVIS, SR. ::
::
::
and ::
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KATHY A. GRAHAM ::
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::
and ::
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PATRICIA ALLEN ::
::
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and ::
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JOHN W. CUNNINGHAM, SR. ::
::
::
and ::
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JAMES R. NEEL ::
::
::
and ::

VIRGINIA BARTHEL ::
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Plaintiffs, ::
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v. ::
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LORRAINE STEWART ::
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and ::
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JOHN H. STEWART, JR. ::
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::
and ::
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JOHN AND/OR JANE DOES 1- 10 ::
(whose names and addresses are ::
unknown at this time) ::
::
Defendants. ::

Now come the Plaintiffs, by and through their undersigned counsel, and for their Complaint against the above-named Defendants, state as follows:
PARTIES, JURISDICTION AND VENUE

1. At all times relevant herein, Plaintiff George Korocedes, was an individual who resided in the City of Canton, County of Stark, and State of Ohio, and was a former employee of Stark Ceramics, Inc., located in Canton, Ohio.
2. At all times relevant herein, Plaintiff Kenneth Mayle, was an individual who resided in the City of Louisville, Ohio, County of Stark, and State of Ohio and was a former employee of Stark Ceramics, Inc., located in Canton, Ohio.
3. At all times relevant herein, Plaintiff Gerald M. Davis, Sr., was an individual who resided in the City of Louisville, County of Stark, and State of Ohio, and was a former employee of Stark Ceramics, Inc., located in Canton, Ohio.
4. At all times relevant herein, Kathy Graham was an individual who resided in the City of Canton, County of Stark, and State of Ohio, and was the surviving spouse of a former employee of Stark Ceramics, Inc., located in Canton, Ohio.
5. At all times relevant herein, Plaintiff Patricia Allen was an individual who resided in the Village of East Canton, County of Stark, and State of Ohio and was a former employee of Stark Ceramics, Inc., located in Canton, Ohio.
6. At all times relevant herein, Plaintiff John W. Cunningham, Sr., was an individual who resided in the City of Canton, County of Stark, and State of Ohio, and was a former employee of Stark Ceramics, Inc., located in Canton, Ohio.
7. At all times relevant herein, Plaintiff James R. Neel, was an individual who resided in the Village of Minerva, County of Stark, and State of Ohio, and was a former employee of Stark Ceramics, Inc., located in Canton, Ohio.
8. At all times relevant herein, Plaintiff Virginia Barthel, was an individual who resided in the Village of East Canton, County of Stark, and State of Ohio, and was a former employee of Stark Ceramics, Inc., located in Canton, Ohio.
9. At all times relevant herein, Defendant Lorraine Stewart was an individual who resided in the City of North Canton, County of Stark, State of Ohio, and was the former President and Chief Executive Officer of Stark Ceramics, Inc., located in Canton, Ohio and was an officer, director, employee or agent of Stark Ceramics, Inc.
10. At all times relevant herein, Defendant John H. Stewart, Jr., was an individual who resided in the Village of Malvern, County of Carroll, and State of Ohio, and was an officer, director, employee or agent of Stark Ceramics, Inc., located in Canton, Ohio.
11. Upon information and belief, Defendants John and/or Jane Does 1-10 were individuals who were officers, directors, employees or agents of Stark Ceramics, Inc., located in Canton, Ohio, and which individuals whose identities and addresses were not available upon the exercise of due diligence.
12. This Court has jurisdiction over this matter and over the parties.
13. This matter is properly venued with this Court.
GENERAL ALLEGATIONS
14. Plaintiffs hereby incorporate paragraphs 1 through 13, inclusive, of this Complaint, as though fully rewritten and realleged herein.
15. Stark Ceramics, Inc., was a duly organized corporation doing business in Canton, Ohio which business included manufacturing ceramic floor and wall tile, brick and structural clay tile.
16. From at least approximately January of 2006 through February of 2007, Stark Ceramics, Inc., issued pay stubs and paychecks to its employees.
17. The aforementioned pay stubs would itemize the gross and net amount of pay including deductions that were made by Stark Ceramics, Inc., for the payment of certain employee benefits including, but not limited to, health insurance coverage and Union dues for the each employee.
18. Throughout this time period from at least approximately January of 2006 through February of 2007, Stark Ceramics, Inc., through its officers, directors, employees and/or agents made, issued, delivered, published and/or communicated false statements concerning the collection and payment of health insurance premiums for those employees of Stark Ceramics, Inc., who had retired from Stark Ceramics, Inc., or were surviving spouses of former employees of Stark Ceramics, Inc., and who were eligible for continued health benefits through the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”).
19. From approximately at least January, 2006 through February 2007, Defendants Lorraine Stewart, John H. Stewart, Jr., and/or John and/or Jane Does 1-10, as officers, directors, employees, or agents of Stark Ceramics, Inc., made, issued, delivered, published and/or sent and/or communicated false reports, statements and pay stubs, regarding the payment of benefits by Stark Ceramics, Inc., for the benefit of its employees, including, but not limited to, false statements regarding the payment of health care premiums for its employees and Union dues.
20. By way of example, in January and February of 2007, said Defendants knowingly and intentionally provided pay stubs to its employees, including, but not limited to Plaintiff George Korocedes, falsely indicating on the pay stubs that insurance premiums had been deducted from the employee’s regular pay for the purpose of paying health insurance premiums, when in fact, the health insurance premium was not paid.
21. Said Defendants also knowingly and intentionally provided false statements on the pay stubs falsely indicating that Union dues had been paid for particular employees, when in fact, Union dues had not been paid.
22. Said Defendants also knowingly and intentionally made false statements indicating that Stark Ceramics would collect and pay COBRA health insurance coverage premiums for those former employees and/or former employees’ spouses who were eligible and elected COBRA health care coverage, when in fact, Stark Ceramics, Inc., accepted the COBRA payments but failed to pay for the COBRA health insurance coverage.
23. Defendants, Lorraine Stewart, John H. Stewart, Jr., and/or John and/or Jane Does 1-10, knowingly and intentionally made, issued, delivered, published, sent, and/or communicated materially false information, concerning, but not limited to, the withholdings and payment by Stark Ceramics, Inc., of healthcare benefits and Union dues for the benefit of Plaintiffs.
24. As a direct and proximate result of the false information submitted by Defendants Lorraine Stewart, John H. Stewart, Jr., and/or John and/or Jane Does 1-10, each Plaintiff has suffered injuries and continues to suffer injuries and damages, including, but not limited to, loss of healthcare coverage and unpaid medical bills, damage to their credit and other losses.
COUNT I
(R.C. §1701.93 False Statement or Entry)
25. Plaintiffs hereby incorporate paragraphs 1 through 24, inclusive, of this Complaint, as though fully rewritten and realleged herein.
26. Defendants Lorraine Stewart, John H. Stewart, Jr., and/or John and/or Jane Does 1-10, at all relevant times herein, were officers, directors, employees or agents of Stark Ceramics, Inc.
27. Each Defendant, with the intent to deceive, made, issued, delivered, published, sent and/or communicated materially false information, which information said Defendants knew was false information, concerning reports, certificates, statements, documents, liabilities, distributions and accounts of Stark Ceramics, Inc., including, but not limited to, false information concerning the withholding and payment of healthcare premiums for the benefit of Plaintiffs and/or withholding and payment of Union dues.
28. Upon information and belief, Defendants Lorraine Stewart, John H. Stewart, Jr., and/or John and/or Jane Does 1-10, as officers, directors, employees, and/or agents of Stark Ceramics, Inc., and with the intent to deceive, while having charge of the corporate books, minutes, records or accounts of Stark Ceramics, Inc., made materially false entries in said books, minutes, records or accounts knowing that said entries were false.
29. As a direct and proximate result of the above-described false statements and/or false entries, each Plaintiff has suffered damages and continues to suffer damages.
30. As a direct and proximate result of the false statements and/or false entries made by each Defendant as stated above, each Defendant has violated R.C. §1701.93 and each Defendant is personally liable, jointly and severally, with all other persons participating with the offender in any act of that type, to all Plaintiffs who actually suffered damages as a proximate result of the aforementioned false statements and false entries.
COUNT II
(Intentional Infliction of Emotional Distress)

31. Plaintiffs hereby incorporate paragraphs 1 through 30, inclusive, of this Complaint, as though fully rewritten and realleged herein.
32. Each Defendant, willfully, intentionally, and maliciously issued and/or made false material statements and/or entries concerning the payment of healthcare benefits and other benefits for each Plaintiff.

33. Such conduct by Defendants was extreme, outrageous and exceeded all boundaries of decent behavior.
34. As a direct and proximate result of this willful, intentional, extreme and outrageous conduct by each Defendant, each Plaintiff has suffered and continues to suffer from severe emotional distress and other injuries.
COUNT III
(Punitive Damages)

35. Plaintiffs hereby incorporate paragraphs 1 through 34, inclusive, of this Complaint, as though fully rewritten and realleged herein.
36. Plaintiffs state that the aforementioned conduct of each Defendant demonstrated a malicious and conscious disregard for the rights and safety of each Plaintiff and such conduct had a great probability of causing substantial harm and did cause substantial harm to each Plaintiff.
37. As a direct and proximate result of the wrongful conduct of each Defendant as set forth hereinabove, each Plaintiff has suffered those damages and injuries as fully described and set forth in Plaintiffs’ first and second causes of action and also entitles each Plaintiff to an award of punitive damages against each Defendant.
WHEREFORE, each Plaintiff demands judgment against each Defendant, jointly and severally, in excess of Twenty-Five Thousand Dollars ($25,000.00), in compensatory damages, punitive damages in excess of Twenty-Five Thousand Dollars ($25,000.00), and, in addition, costs, interest, attorney fees, and such further and other relief to which Plaintiffs may be entitled.
Respectfully submitted,

SCHULMAN ZIMMERMAN & ASSOCIATES

________________________________
Allen Schulman, Jr.
Counsel for Plaintiff
Ohio Supreme Court No. 0001124
236 Third Street S.W.
Canton, Ohio 44702
Telephone(330) 456-4400
Facsimile (330) 456-3641
e-mail info@lawyersonyourside.com
_______________________________
Brian L. Zimmerman
Counsel for Plaintiffs
Ohio Supreme Court No. 0042351
236 Third Street S.W.
Canton, Ohio 44702
Telephone (330) 454-8056
Facsimile (330) 454-2434
bz@lawyersonyourside.com

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