Dean W. O’Connor #011941
Attorney for Plaintiff

THE CHURCH OF THE SPIRITUAL MOLOKANS OF ARIZONA, INC.

vs.

JACK WILLIAM TOLMACHOFF, an individual;
DORIS TOLMACHOFF, an individual;
GARY J. TOLMACHOFF, an individual;
DAVID J. TOLMACHOFF, an individual;
JACK WILLIAM TOLMACHOFF JR., an individual;
WILLIIAM J. TOLMACHOFF, an individual;
DANIEL J. TOLMACHOFF, an individual;
PETER WILLIAM TOLMACHOFF, an individual;
SARAH TOLMACHOFF, an individual;
MICHAEL ZAREMBA, an individual;
PETER S. URAINE, an individual;
SANDRA L. URAINE, an individual; and
DOES 1 through 50

First Amended Complaint for:

1. Conversion;
2. Nuisance;
3. Fraud;
4. Conspiracy to commit fraud;
5. Group Defamation;
6. Unjust Enrichment;
7. Declaratory Relief;
8. Accounting;
9. Equitable Estoppel;
10. Injunctive Relief.

1. 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.
2. 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.
3. Plaintiff is informed and believes and thereupon alleges that Defendant JACK WILLIAM TOLMACHOFF is a natural person residing in the County of Maricopa, Arizona.
4. Plaintiff is informed and believes and thereupon alleges that Defendant DORIS TOLMACHOFF is a natural person residing in the County of Maricopa, Arizona.
5. Plaintiff is informed and believes and thereupon alleges that Defendant GARY J. TOLMACHOFF is a natural person residing in the County of Maricopa, Arizona.
6. Plaintiff is informed and believes and thereupon alleges that Defendant DAVID J. TOLMACHOFF is a natural person residing in the County of Maricopa, Arizona.
7. 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.
8. Plaintiff is informed and believes and thereupon alleges that Defendant WILLIAM J. TOLMACHOFF is a natural person residing in the County of Maricopa, Arizona.
9. Plaintiff is informed and believes and thereupon alleges that Defendant DANIEL J. TOLMACHOFF is a natural person residing in the County of Maricopa, Arizona.
10. Plaintiff is informed and believes and thereupon alleges that Defendant PETER WILLIAM TOLMACHOFF is a natural person residing in the County of Maricopa, Arizona.
11. Plaintiff is informed and believes and thereupon alleges that Defendant SARAH TOLMACHOFF is a natural person residing in the County of Maricopa, Arizona.
12. Plaintiff is informed and believes and thereupon alleges that Defendant MICHAEL ZAREMBA is a natural person residing in the County of Maricopa, Arizona.
13. Plaintiff is informed and believes and thereupon alleges that Defendant PETER S. URAINE is a natural person residing in the County of Maricopa, Arizona.
14. Plaintiff is informed and believes and thereupon alleges that Defendant SANDRA L. URAINE, is a natural person residing in the County of Maricopa, Arizona.
15. 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

16. 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.
17. 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.
18. 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”).
19. 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.
20. 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:
1. Defendants, and each of them, had held a secret election to nominate and elect themselves to office;
2. Defendants were the new authority of the Church;
3. A new board of directors and officers were elected by Defendants at the secret meeting;
4. Plaintiff and its members were no longer allowed to conduct services upon the premises; and
5. Plaintiff’s members were ordered to leave.
21. Upon information and belief, Plaintiff alleges that Defendants subsequently caused various and continuous disruptions of Church services, including, but not limited to,
1. yelling, swearing, and cursing;
2. removing articles of religious significance;
3. throwing articles of religious significance; and
4. 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.

22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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:
1. members greeting each other in the ordained manner,
2. movement by the Holy Spirit to jump,
3. proper holiday worship,
4. calling out spiritual words during singing,
5. performing services in Russian.
31. Molokan Jumpers are adamantly opposed to many of the ceremonies adopted by Defendants, including, but not limited to:
1. Service without the Spirit and Life,
2. partaking of communion with grape juice,
3. non-member guest speakers
32. Plaintiff has paid all debts, maintained all utilities, performed upkeep, and all other aspects of ownership of the premises.
FIRST CAUSE OF ACTION
(Conversion)
33. Plaintiff realleges, and incorporates herein by reference, each and every allegation set forth in paragraphs 1 through 32.
34. Plaintiff obtained lawful control or possession, by virtue of donations to Plaintiff, of the following:
1. Church general fund of $911.13 (“General Fund”) until October 18, 2001,
2. the Premises until January 19, 2002.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
40. 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.
41. 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)
42. Plaintiff realleges, and incorporates herein by reference, each and every allegation set forth in paragraphs 1 through 41.
43. 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
1. yelling, swearing, and cursing during Church services,
2. stopping Church Services by waiving arms and shouting,
3. fighting,
4. slander,
5. causing the legal processes to be invoked for an improper purpose,
6. obstructing the reasonable and enjoyable use of the Plaintiff’s property,
7. 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.
44. 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)
45. Plaintiff realleges, and incorporates herein by reference, each and every allegation set forth in paragraphs 1 through 44.
46. 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.
47. 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.
48. 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.
49. 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)
50. Plaintiff realleges, and incorporates herein by reference, each and every allegation set forth in paragraphs 1 through 49.
51. 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.
52. Defendants performed the acts hereinabove alleged pursuant to, and in furtherance of, the conspiracy and agreement above alleged.
53. 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.
54. 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)
55. Plaintiff realleges, and incorporates herein by reference, each and every allegation set forth in paragraphs 1 through 54.
56. 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.
57. 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,
1. severe alterations of Church services,
2. rejection and denouncement of Church doctrine,
3. introduction of new and contrary Church doctrine, and
4. introducing violence into the Church.
5. Removed religious articles, including the Spirit and Life.
58. 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.
59. 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.
60. 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)
61. Plaintiff realleges, and incorporates herein by reference, each and every allegation set forth in paragraphs 1 through 60.
62. 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)
63. Plaintiff realleges, and incorporates herein by reference, each and every allegation set forth in paragraphs 1 through 62.
64. 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.
65. A judicial determination of Plaintiff’s rights and duties is necessary and proper at the present time to determine:
1. that Plaintiff is the proper controlling entity of the Premises and general fund,
2. whom the proper corporate directors are,
3. that the proper name of the corporation is CHURCH OF SPIRITUAL MOLOKANS OF ARIZONA, INC,
4. that Defendants may be excluded from the premises, and
5. 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.

66. 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)
67. 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.
68. 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.
69. 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.
70. 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)
71. Plaintiff realleges, and incorporates herein by reference, each and every allegation set forth in paragraphs 1 through 70.
72. 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)
73. Plaintiff realleges, and incorporates herein by reference, each and every allegation set forth in paragraphs 1 through 72.
74. 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.
75. 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:

1. 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;
2. For the fair rental value of the Premises.
3. For interest on the damages;
4. For punitive damages in an amount to be shown according to proof at time of trial;
SECOND CAUSE OF ACTION
5. For actual damages in excess of the jurisdictional limits, the exact amount of which will be shown according to proof at time of trial;
6. For punitive damages in an amount to be shown according to proof at time of trial;
THIRD CAUSE OF ACTION
7. For actual damages in excess of the jurisdictional limits, the exact amount of which will be shown according to proof at time of trial;
8. For punitive damages to be shown according to proof at time of trial;
FOURTH CAUSE OF ACTION
9. For actual damages in excess of the jurisdictional limits, the exact amount of which will be shown according to proof at time of trial;
10. For punitive damages to be shown according to proof at time of trial;
FIFTH CAUSE OF ACTION
11. For actual damages in excess of the jurisdictional limits, the exact amount of which will be shown according to proof at time of trial;
12. For punitive damages to be shown according to proof at time of trial;
SIXTH CAUSE OF ACTION
13. 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;
14. For an order returning all property, real and personal, unlawfully obtained by Defendants;
SEVENTH CAUSE OF ACTION
15. For a declaration of Plaintiff’s right in and to the real and personal property alleged herein.
EIGHTH CAUSE OF ACTION
16. 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
17. 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;
18. For damages for the time and money properly expended in pursuit of the property alleged hereinabove, in an amount to be proven at trial;
19. 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
20. That This Court enjoin Defendants, and each of them, from:
1. alienating or otherwise disposing of the Church premises and building,
2. prohibiting Plaintiff’s members and other members of the Molokan Jumpers Brotherhood from attending and participating in Molokan Jumpers services,
3. altering the services as performed by Plaintiff, and
4. disrupting services.
FOR ALL CAUSES OF ACTION
21. Any and all profits derived from property illegally transferred;
22. For an award of attorneys’ fees as allowed by contract or statute;
23. For costs of suit; and
24. 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