On March 30, 2022 a
ANSWER FILED BY DEFENDANT(S) JOHN HARRISON(D14) and HICKMAN AND LOWDER CO., LPA(D16) ATTORNEY SEAN P. MALONE 0076353 H&L DEFENDANTS' ANSWER TO FIRST AMENDED COMPLAINT - AN
was filed
involving a dispute between
Frank Mehwald,
Mary Mehwald,
The Atlantic Tool & Die Company,
and
Albert N Salvatore,
Clifford Croley,
Connick Law, Llc,
Croley, Martell & Assoc Ltd,
Daniel Prugar,
Franklin Hickman,
Hickman And Lowder Co., Lpa Registered Agent Franklin Hickman,
Jennifer Dumm,
John Harrison,
John Kim,
Kim & Associates, Llc,
Marvin Sicherman,
Matthew Gomes,
Michael Mehwald,
Patrick Moore,
Robert E Blackham,
Roetzel & Andress, Lpa A Legal Professional Association,
Thomas Connick,
Weinberg, Wheeler, Hudgins, Gunn & Dial, Llc,
for TORT-MISCELLANEOUS
in the District Court of Cuyahoga County.
Preview
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
ANSWER OF...
August 24,2023 10:16
By: SEAN P. MALONE 0076353
Confirmation Nbr. 2945747
ATLANTIC TOOL & DIE COMPANY, ET AL. CV 22 961394
vs.
Judge: DAVID T.MATIA
MICHAEL MEH WALD, ET AL.
Pages Filed: 24
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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY OHIO
THE ATLANTIC TOOL AND )
DIE CO., et al. ) CASE NO. CV-22-961394
)
Plaintiffs ) JUDGE DAVID T. MATIA
)
v. )
) Defendants Hickman & Lowder Co. L.P.A.
MICHAEL MEHWALD, et al. ) and John R. Harrison’s
) ANSWER TO FIRST AMENDED
Defendants ) COMPLAINT
Now come Defendants Hickman & Lowder Co. L.P.A. and John R. Harrison, Esq. (the
“H&L Defendants”), by and through the undersigned counsel, and hereby respectfully submit this
Answer to the First Amended Complaint filed by Plaintiffs Frank Mehwald, Mary Mehwald, and
Atlantic Tool & Die, Co., Inc. (collectively, Plaintiffs ). To the extent that allegations in the First
Amended Complaint quote documents or records or refer to events, meetings, docket entries, or
pleadings that the H&L Defendants lack personal knowledge of or did not participate in, the H&L
Defendants respond that such documents, records, entries, and pleadings speak for themselves,
and otherwise deny all related allegations for lack of knowledge sufficient to form a belief as to
their truth. The H&L Defendants further deny any suggestion arising from references to such
materials that they engaged in any unlawful conduct, engaged in a conspiracy, or caused any harm
to the Plaintiffs. The H&L Defendants reserve the right to amend their responses in this Answer
and to raise additional affirmative defenses and claims that may become apparent during discovery
and in preparation for trial.
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ANSWER
1. The H&L Defendants admit the allegations in this paragraph.
2. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
3. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
4. The H&L Defendants admit that Michael Mehwald was the Executive Vice President of
ATD and deny the remaining allegations in this paragraph for lack of information sufficient to
form a belief as to their truth.
5. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
6. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
7. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
8. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
9. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
10. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
11. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
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12. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
13. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
14. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
15. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
16. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
17. The H&L Defendants admit the allegations in this paragraph.
18. The H&L Defendants admit the allegations in this paragraph.
19. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
20. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
21. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
22. The H&L Defendants admit that the Court has jurisdiction over this matter and deny the
remaining allegations in this paragraph.
23. The H&L Defendants admit that the Court has jurisdiction over this matter and deny the
remaining allegations in this paragraph.
24. The H&L Defendants admit that venue is proper in this Court.
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STATEMENT OF THE FACTS
25. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
26. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
27. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
28. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
29. The H&L Defendants deny the allegations in this paragraph.
30. The H&L Defendants deny the allegations in this paragraph to the extent such allegations
are directed at them.
31. The H&L Defendants deny the allegations in this paragraph.
32. The H&L Defendants deny the allegations in this paragraph.
33. The H&L Defendants deny the allegations in this paragraph.
34. The H&L Defendants deny the allegations in this paragraph to the extent such allegations
are directed at them.
35. The H&L Defendants deny the allegations in this paragraph to the extent such allegations
are directed at them.
36. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
37. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
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38. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
39. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
40. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
41. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
42. The H&L Defendants respond that the document referenced in this paragraph speaks for
itself and further deny the remaining allegations in this paragraph for lack of information sufficient
to form a belief as to their truth.
43. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
44. The H&L Defendants deny the allegations in this paragraph.
45. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
46. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
47. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
48. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
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49. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
50. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
51. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
52. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
53. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
54. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
55. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
56. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
57. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
58. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
59. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
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60. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
61. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
62. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
63. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
64. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
65. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
66. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
67. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
68. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
69. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which
no response is necessary and further deny the allegations contained in this paragraph for lack of
information sufficient to form a belief as to their truth.
70. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
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71. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
72. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which
no response is necessary and further deny the allegations contained in this paragraph for lack of
information sufficient to form a belief as to their truth.
73. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
74. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
75. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
76. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
77. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
78. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
79. The H&L Defendants admit that they filed a guardianship application with the Cuyahoga
County Probate Court, deny that the application was false, further respond that the document
speaks for itself, and deny all remaining allegations in this paragraph.
80. The H&L Defendants deny that the guardianship application was unlawful, admit that
affidavits were attached to the application, further respond that those affidavits speak for
themselves, and deny all remaining allegations in this paragraph.
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81. The H&L Defendants respond that the affidavits in question speak for themselves.
82. The H&L Defendants admit that Defendant Croley provided an affidavit in support of the
guardianship application, further respond that this paragraph calls for a legal conclusion as to
which no response is necessary, and deny the remaining allegations in this paragraph for lack of
information sufficient to form a belief as to their truth.
83. The H&L Defendants admit that the guardianship application was dismissed approximately
three months after it was filed and further respond that the probate court's order speaks for itself.
84. The H&L Defendants admit that they represented Defendant Mehwald in the guardianship
matter and deny all remaining allegations in this paragraph.
85. The H&L Defendants deny the allegations in this paragraph.
86. The H&L Defendants deny the allegations in this paragraph.
87. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
88. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
89. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
90. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
91. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which
no response is necessary and further deny the allegations contained in this paragraph for lack of
information sufficient to form a belief as to their truth.
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92. The H&L Defendants respond that the filing in question speaks for itself and further deny
the allegations in this paragraph for lack of information sufficient to form a belief as to their truth.
93. The H&L Defendants respond that the filing in question speaks for itself and further deny
the allegations in this paragraph for lack of information sufficient to form a belief as to their truth.
94. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
95. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
96. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
97. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
98. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
99. The H&L Defendants deny the allegations in this paragraph.
100. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
101. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
102. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
103. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
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104. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
105. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
106. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
107. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
108. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
109. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
110. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
111. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
112. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which
no response is necessary and further deny the allegations contained in this paragraph for lack of
information sufficient to form a belief as to their truth.
113. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
114. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
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115. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
116. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
117. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
118. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
119. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
120. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
121. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
122. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
123. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
124. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
125. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
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126. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
127. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
128. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which
no response is necessary and further deny the allegations contained in this paragraph for lack of
information sufficient to form a belief as to their truth.
129. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
130. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
131. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which
no response is necessary and further deny the allegations contained in this paragraph for lack of
information sufficient to form a belief as to their truth.
132. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
133. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
134. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
135. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
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136. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
137. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
138. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
139. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
140. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
141. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
142. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
143. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
144. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
145. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
146. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
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147. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
148. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
149. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
150. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
151. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which
no response is necessary and further deny the allegations contained in this paragraph for lack of
information sufficient to form a belief as to their truth.
152. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
153. The H&L Defendants deny the allegations in this paragraph.
154. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
155. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
156. The H&L Defendants admit that they have not returned funds received from ATD in
payment of legal fees, deny that any such funds were unlawfully converted, and further deny the
remaining allegations in this paragraph for lack of information sufficient to form a belief as to their
truth.
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157. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
158. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
159. The H&L Defendants deny the allegations in this paragraph to the extent such allegations
are directed at them and deny the remaining allegations for lack of information sufficient to form
a belief as to their truth.
160. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
161. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
COUNT I - AGAINST ALL DEFENDANTS
(Conversion)
162. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully
restated herein.
163. The H&L Defendants deny the allegations in this paragraph.
164. The H&L Defendants deny the allegations in this paragraph.
165. The H&L Defendants deny the allegations in this paragraph.
166. The H&L Defendants deny the allegations in this paragraph.
167. The H&L Defendants deny the allegations in this paragraph.
168. The H&L Defendants deny the allegations in this paragraph.
169. The H&L Defendants deny the allegations in this paragraph.
170. The H&L Defendants deny the allegations in this paragraph.
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COUNT II - AGAINST DEFENDANTS MEHWALD, PRUGAR, DUMM, KIM,
CONNICK, HARRISON, HICKMAN, MOORE, GOMES, SALVATORE, AND
BLACKHAM
(Abuse of Process)
171. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully
restated herein.
172. The H&L Defendants admit that they filed on behalf of Defendant Mehwald a guardianship
application in the Cuyahoga County Probate Court and further deny the remaining allegations in
this paragraph.
173. TheH&L Defendants deny the allegations in this paragraph.
174. TheH&L Defendants deny the allegations in this paragraph.
175. TheH&L Defendants deny the allegations in this paragraph.
COUNT III - AGAINST DEFENDANTS MEHWALD, PRUGAR, CROLEY,
SICHERMAN, KIM, CONNICK, MOORE, SALVATORE, AND BLACKHAM
(Tortious Interference of Contract and Business Relations)
176. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully
restated herein.
177. The H&L Defendants respond that this cause of action is not alleged against them.
178. The H&L Defendants respond that this cause of action is not alleged against them.
179. The H&L Defendants respond that this cause of action is not alleged against them.
180. The H&L Defendants respond that this cause of action is not alleged against them.
181. The H&L Defendants respond that this cause of action is not alleged against them.
182. The H&L Defendants respond that this cause of action is not alleged against them.
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COUNT IV - AGAINST DEFENDANTS DUMM, CROLEY, SICHERMAN,
SALVATORE, AND BLACKHAM
(Breach of Fiduciary Duty)
183. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully
restated herein.
184. The H&L Defendants respond that this cause of action is not alleged against them.
185. The H&L Defendants respond that this cause of action is not alleged against them.
186. The H&L Defendants respond that this cause of action is not alleged against them.
187. The H&L Defendants respond that this cause of action is not alleged against them.
188. The H&L Defendants respond that this cause of action is not alleged against them.
189. The H&L Defendants respond that this cause of action is not alleged against them.
190. The H&L Defendants respond that this cause of action is not alleged against them.
COUNT V - AGAINST DEFENDANTS SICHERMAN, SALVATORE, AND
BLACKHAM
(Legal Malpractice)
191. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully
restated herein.
192. The H&L Defendants respond that this cause of action is not alleged against them.
193. The H&L Defendants respond that this cause of action is not alleged against them.
194. The H&L Defendants respond that this cause of action is not alleged against them.
195. The H&L Defendants respond that this cause of action is not alleged against them.
196. The H&L Defendants respond that this cause of action is not alleged against them.
COUNT VI - AGAINST ALL DEFENDANTS
(Violation of the Ohio Corrupt Practices Act, R.C. §§2923.34, 2923.32)
197. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully
restated herein.
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198. The H&L Defendants respond that the statute in question speaks for itself.
199. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which
no response is required.
200. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which
no response is required.
201. The H&L Defendants deny the allegations in this paragraph.
202. The H&L Defendants deny the allegations in this paragraph.
203. The H&L Defendants deny the allegations in this paragraph.
204. The H&L Defendants deny the allegations in this paragraph.
205. The H&L Defendants deny the allegations in this paragraph.
206. The H&L Defendants deny the allegations in this paragraph.
COUNT VII - AGAINST ALL DEFENDANTS
(Civil Conspiracy)
207. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully
restated herein.
208. The H&L Defendants deny the allegations in this paragraph.
209. The H&L Defendants deny the allegations in this paragraph.
210. The H&L Defendants deny the allegations in this paragraph.
211. The H&L Defendants deny the allegations in this paragraph.
212. The H&L Defendants deny the allegations in this paragraph.
213. The H&L Defendants deny the allegations in this paragraph.
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COUNT VIII - AGAINST DEFENDANTS CROLEY, MARTELL & ASSOC., LTD.,
ROETZEL & ANDRESS, LPA, KIM & ASSOC., LTD., CONNICK LAW, AND
HICKMAN AND LOWDER CO., L.P.A.)
(Respondeat Superior/Vicarious Liability)
214. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully
restated herein.
215. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
216. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
217. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
218. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
219. The H&L Defendants admit the allegations of this paragraph.
220. The H&L Defendants deny the allegations in this paragraph.
221. The H&L Defendants deny the allegations in this paragraph for lack of information
sufficient to form a belief as to their truth.
DAMAGES
222. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully
restated herein.
223. The H&L Defendants deny the allegations in this paragraph.
224. The H&L Defendants deny the allegations in this paragraph.
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AFFIRMATIVE DEFENSES
1. Plaintiffs’ First Amended Complaint is barred due to insufficiency of process and/or
insufficiency of service of process.
2. Plaintiffs’ claims are barred by the applicable statute of limitations and/or statue of repose.
3. Plaintiffs’ claims are barred by the doctrines of claim preclusion and/or issue preclusion.
4. The First Amended Complaint fails to state a valid claim against the H&L Defendants upon
which relief can be granted, in whole or in part.
5. Plaintiffs’ claims consist of allegations and factual contentions that have no evidentiary
support or are not likely to have evidentiary support.
6. Plaintiffs’ claims are barred because any payments for legal services received by the H&L
Defendants were received as a holder in due course without any duty to investigate the
authorization of payment.
7. The claim of conversion is deficient because it was not wrongful for the H&L Defendants
to receive payment of legal fees from ATD for services rendered to Michael Mehwald and because
Plaintiffs fail to allege that the H&L Defendants converted from ATD any money that was
earmarked or otherwise specifically capable of identification.
8. The Ohio Corrupt Practices Act claim is deficient because the H&L Defendants did not
commit the underlying crimes of theft or receipt of stolen property.
9. The Ohio Corrupt Practices Act claim is deficient because the H&L Defendants did not
participate in an alleged enterprise or pattern of misconduct and are not alleged to have committed
any acts other than receiving money for a representation in a guardianship matter.
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10. The Ohio Corrupt Practices Act claim is deficient because it fails to allege that the H&L
Defendants’ conduct threatens ongoing harm to other alleged victims or poses a threat of continued
criminal activity to other alleged victims.
11. The conspiracy claim is deficient because it fails to allege that the H&L Defendants acted
outside the scope of their attorney client relationship with Michael Mehwald and fails to allege
that Defendant Harrison acted outside the scope of his employment.
12. The conspiracy claim is deficient because Plaintiffs cannot prove that any actions allegedly
engaged in by the H&L Defendants were taken for the H&L Defendants’ sole personal benefit
instead of for the benefit of their client.
13. The abuse of process claim is deficient because it fails to allege that the H&L Defendants
instituted a proceeding in proper form and with probable cause.
14. The abuse of process claim is deficient because it fails to allege that the H&L Defendants
perverted the guardianship matter to accomplish an ulterior purpose for which it was not designed,
by means of an act taken after the filing of the matter that was not proper in the normal conduct of
the proceeding and was completely separate from Michael Mehwald’s interest.
15. Plaintiffs’ claims are barred by the litigation privilege because the actions allegedly taken
by the H&L Defendants consist of attorney advocacy in a legal proceeding.
16. The First Amended Complaint is barred, in whole or in part, by the doctrines of waiver,
laches, license, consent, permission, acquiescence, set-off, and/or payment and release.
17. Plaintiffs’ claims are barred by the doctrine of unclean hands because Plaintiffs brought
their claims in bad faith, intending to harass the H&L Defendants and retaliate against them for
their advocacy as attorneys.
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18. Plaintiffs are estopped from asserting their claims by virtue of their own conduct, acts,
errors and/or omissions.
19. The First Amended Complaint is barred, in whole or in part, by Plaintiffs’ illegal conduct
and their failure to mitigate their damages, if any.
20. Plaintiffs cannot prove that they suffered damage as a result of the H&L Defendants’
alleged conduct.
21. Any damages allegedly suffered by Plaintiffs are the direct and proximate result of the
intervening conduct of their own officers and agents and/or their own negligence, action or
inaction, or by the intervening or superseding actions or inactions of third parties.
22. Plaintiffs’ request for punitive damages is barred by applicable Ohio and Federal law,
including constitutional provisions.
23. The First Amended Complaint is barred, in whole or in part, by the doctrine of unjust
enrichment, given that the Plaintiffs are demanding damages that are grossly disproportionate to
any losses Plaintiffs purportedly suffered due to alleged conduct of the H&L Defendants.
24. Plaintiffs’ claims are barred because the H&L Defendants performed the legal services for
which they were paid.
25. The H&L Defendants reserve the right to raise additional affirmative defenses,
counterclaims and cross-claims as they may become apparent and appropriate during the course
of this litigation.
WHEREFORE, having fully answered, the H&L Defendants pray that the Court enter an
order dismissing the Plaintiffs’ First Amended Complaint with prejudice and enter judgment in
the H&L Defendants’ favor, granting them all their costs and expenses associated with the defense
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of this litigation, including without limitation their costs and reasonable attorney’s fees, and
granting them such other further relief as this Court deems just and equitable.
Respectfully submitted,
/s/ Sean P. Malone
Andrew R. Malone (#0079465)
Sean P. Malone (#0076353)
Malone Law LLC
50 Public Square, Suite 2210
Cleveland, Ohio 44113
(216)861-5511(phone)
(216) 861-0211 (fax)
amalone@malonelawllc.com
smalone@malonelawllc.com
Attorneys for Defendants Hickman &
Lowder and John R. Harrison
CERTIFICATE OF SERVICE
A true copy of the foregoing has been filed and served electronically on all parties who
have appeared herein and are entitled to service via the Clerk of Court’s e-file system, this 24th
day of August 2023.
/s/ Sean P. Malone
Sean P. Malone (#0076353)
Malone Law, LLC
Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH
Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas ANSWER OF... August 24,2023 10:16 By: SEAN P. MALONE 0076353 Confirmation Nbr. 2945747 ATLANTIC TOOL & DIE COMPANY, ET AL. CV 22 961394 vs. Judge: DAVID T.MATIA MICHAEL MEH WALD, ET AL. Pages Filed: 24 Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY OHIO THE ATLANTIC TOOL AND ) DIE CO., et al. ) CASE NO. CV-22-961394 ) Plaintiffs ) JUDGE DAVID T. MATIA ) v. ) ) Defendants Hickman & Lowder Co. L.P.A. MICHAEL MEHWALD, et al. ) and John R. Harrison’s ) ANSWER TO FIRST AMENDED Defendants ) COMPLAINT Now come Defendants Hickman & Lowder Co. L.P.A. and John R. Harrison, Esq. (the “H&L Defendants”), by and through the undersigned counsel, and hereby respectfully submit this Answer to the First Amended Complaint filed by Plaintiffs Frank Mehwald, Mary Mehwald, and Atlantic Tool & Die, Co., Inc. (collectively, Plaintiffs ). To the extent that allegations in the First Amended Complaint quote documents or records or refer to events, meetings, docket entries, or pleadings that the H&L Defendants lack personal knowledge of or did not participate in, the H&L Defendants respond that such documents, records, entries, and pleadings speak for themselves, and otherwise deny all related allegations for lack of knowledge sufficient to form a belief as to their truth. The H&L Defendants further deny any suggestion arising from references to such materials that they engaged in any unlawful conduct, engaged in a conspiracy, or caused any harm to the Plaintiffs. The H&L Defendants reserve the right to amend their responses in this Answer and to raise additional affirmative defenses and claims that may become apparent during discovery and in preparation for trial. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 9613^4 / Confirmation Nbr. 2945747 / BATCH ANSWER 1. The H&L Defendants admit the allegations in this paragraph. 2. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 3. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 4. The H&L Defendants admit that Michael Mehwald was the Executive Vice President of ATD and deny the remaining allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 5. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 6. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 7. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 8. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 9. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 10. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 11. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 12. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 13. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 14. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 15. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 16. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 17. The H&L Defendants admit the allegations in this paragraph. 18. The H&L Defendants admit the allegations in this paragraph. 19. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 20. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 21. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 22. The H&L Defendants admit that the Court has jurisdiction over this matter and deny the remaining allegations in this paragraph. 23. The H&L Defendants admit that the Court has jurisdiction over this matter and deny the remaining allegations in this paragraph. 24. The H&L Defendants admit that venue is proper in this Court. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH STATEMENT OF THE FACTS 25. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 26. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 27. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 28. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 29. The H&L Defendants deny the allegations in this paragraph. 30. The H&L Defendants deny the allegations in this paragraph to the extent such allegations are directed at them. 31. The H&L Defendants deny the allegations in this paragraph. 32. The H&L Defendants deny the allegations in this paragraph. 33. The H&L Defendants deny the allegations in this paragraph. 34. The H&L Defendants deny the allegations in this paragraph to the extent such allegations are directed at them. 35. The H&L Defendants deny the allegations in this paragraph to the extent such allegations are directed at them. 36. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 37. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 38. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 39. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 40. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 41. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 42. The H&L Defendants respond that the document referenced in this paragraph speaks for itself and further deny the remaining allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 43. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 44. The H&L Defendants deny the allegations in this paragraph. 45. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 46. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 47. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 48. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 49. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 50. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 51. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 52. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 53. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 54. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 55. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 56. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 57. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 58. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 59. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 60. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 61. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 62. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 63. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 64. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 65. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 66. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 67. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 68. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 69. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which no response is necessary and further deny the allegations contained in this paragraph for lack of information sufficient to form a belief as to their truth. 70. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 9613^4 / Confirmation Nbr. 2945747 / BATCH 71. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 72. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which no response is necessary and further deny the allegations contained in this paragraph for lack of information sufficient to form a belief as to their truth. 73. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 74. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 75. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 76. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 77. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 78. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 79. The H&L Defendants admit that they filed a guardianship application with the Cuyahoga County Probate Court, deny that the application was false, further respond that the document speaks for itself, and deny all remaining allegations in this paragraph. 80. The H&L Defendants deny that the guardianship application was unlawful, admit that affidavits were attached to the application, further respond that those affidavits speak for themselves, and deny all remaining allegations in this paragraph. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 81. The H&L Defendants respond that the affidavits in question speak for themselves. 82. The H&L Defendants admit that Defendant Croley provided an affidavit in support of the guardianship application, further respond that this paragraph calls for a legal conclusion as to which no response is necessary, and deny the remaining allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 83. The H&L Defendants admit that the guardianship application was dismissed approximately three months after it was filed and further respond that the probate court's order speaks for itself. 84. The H&L Defendants admit that they represented Defendant Mehwald in the guardianship matter and deny all remaining allegations in this paragraph. 85. The H&L Defendants deny the allegations in this paragraph. 86. The H&L Defendants deny the allegations in this paragraph. 87. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 88. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 89. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 90. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 91. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which no response is necessary and further deny the allegations contained in this paragraph for lack of information sufficient to form a belief as to their truth. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 92. The H&L Defendants respond that the filing in question speaks for itself and further deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 93. The H&L Defendants respond that the filing in question speaks for itself and further deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 94. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 95. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 96. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 97. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 98. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 99. The H&L Defendants deny the allegations in this paragraph. 100. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 101. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 102. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 103. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 104. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 105. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 106. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 107. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 108. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 109. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 110. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 111. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 112. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which no response is necessary and further deny the allegations contained in this paragraph for lack of information sufficient to form a belief as to their truth. 113. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 114. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 115. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 116. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 117. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 118. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 119. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 120. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 121. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 122. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 123. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 124. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 125. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 126. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 127. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 128. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which no response is necessary and further deny the allegations contained in this paragraph for lack of information sufficient to form a belief as to their truth. 129. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 130. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 131. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which no response is necessary and further deny the allegations contained in this paragraph for lack of information sufficient to form a belief as to their truth. 132. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 133. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 134. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 135. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 136. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 137. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 138. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 139. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 140. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 141. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 142. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 143. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 144. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 145. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 146. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 147. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 148. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 149. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 150. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 151. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which no response is necessary and further deny the allegations contained in this paragraph for lack of information sufficient to form a belief as to their truth. 152. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 153. The H&L Defendants deny the allegations in this paragraph. 154. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 155. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 156. The H&L Defendants admit that they have not returned funds received from ATD in payment of legal fees, deny that any such funds were unlawfully converted, and further deny the remaining allegations in this paragraph for lack of information sufficient to form a belief as to their truth. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 96lJ§4 / Confirmation Nbr. 2945747 / BATCH 157. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 158. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 159. The H&L Defendants deny the allegations in this paragraph to the extent such allegations are directed at them and deny the remaining allegations for lack of information sufficient to form a belief as to their truth. 160. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 161. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. COUNT I - AGAINST ALL DEFENDANTS (Conversion) 162. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully restated herein. 163. The H&L Defendants deny the allegations in this paragraph. 164. The H&L Defendants deny the allegations in this paragraph. 165. The H&L Defendants deny the allegations in this paragraph. 166. The H&L Defendants deny the allegations in this paragraph. 167. The H&L Defendants deny the allegations in this paragraph. 168. The H&L Defendants deny the allegations in this paragraph. 169. The H&L Defendants deny the allegations in this paragraph. 170. The H&L Defendants deny the allegations in this paragraph. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH COUNT II - AGAINST DEFENDANTS MEHWALD, PRUGAR, DUMM, KIM, CONNICK, HARRISON, HICKMAN, MOORE, GOMES, SALVATORE, AND BLACKHAM (Abuse of Process) 171. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully restated herein. 172. The H&L Defendants admit that they filed on behalf of Defendant Mehwald a guardianship application in the Cuyahoga County Probate Court and further deny the remaining allegations in this paragraph. 173. TheH&L Defendants deny the allegations in this paragraph. 174. TheH&L Defendants deny the allegations in this paragraph. 175. TheH&L Defendants deny the allegations in this paragraph. COUNT III - AGAINST DEFENDANTS MEHWALD, PRUGAR, CROLEY, SICHERMAN, KIM, CONNICK, MOORE, SALVATORE, AND BLACKHAM (Tortious Interference of Contract and Business Relations) 176. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully restated herein. 177. The H&L Defendants respond that this cause of action is not alleged against them. 178. The H&L Defendants respond that this cause of action is not alleged against them. 179. The H&L Defendants respond that this cause of action is not alleged against them. 180. The H&L Defendants respond that this cause of action is not alleged against them. 181. The H&L Defendants respond that this cause of action is not alleged against them. 182. The H&L Defendants respond that this cause of action is not alleged against them. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH COUNT IV - AGAINST DEFENDANTS DUMM, CROLEY, SICHERMAN, SALVATORE, AND BLACKHAM (Breach of Fiduciary Duty) 183. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully restated herein. 184. The H&L Defendants respond that this cause of action is not alleged against them. 185. The H&L Defendants respond that this cause of action is not alleged against them. 186. The H&L Defendants respond that this cause of action is not alleged against them. 187. The H&L Defendants respond that this cause of action is not alleged against them. 188. The H&L Defendants respond that this cause of action is not alleged against them. 189. The H&L Defendants respond that this cause of action is not alleged against them. 190. The H&L Defendants respond that this cause of action is not alleged against them. COUNT V - AGAINST DEFENDANTS SICHERMAN, SALVATORE, AND BLACKHAM (Legal Malpractice) 191. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully restated herein. 192. The H&L Defendants respond that this cause of action is not alleged against them. 193. The H&L Defendants respond that this cause of action is not alleged against them. 194. The H&L Defendants respond that this cause of action is not alleged against them. 195. The H&L Defendants respond that this cause of action is not alleged against them. 196. The H&L Defendants respond that this cause of action is not alleged against them. COUNT VI - AGAINST ALL DEFENDANTS (Violation of the Ohio Corrupt Practices Act, R.C. §§2923.34, 2923.32) 197. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully restated herein. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 96lJ§4 / Confirmation Nbr. 2945747 / BATCH 198. The H&L Defendants respond that the statute in question speaks for itself. 199. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which no response is required. 200. The H&L Defendants respond that this paragraph calls for a legal conclusion as to which no response is required. 201. The H&L Defendants deny the allegations in this paragraph. 202. The H&L Defendants deny the allegations in this paragraph. 203. The H&L Defendants deny the allegations in this paragraph. 204. The H&L Defendants deny the allegations in this paragraph. 205. The H&L Defendants deny the allegations in this paragraph. 206. The H&L Defendants deny the allegations in this paragraph. COUNT VII - AGAINST ALL DEFENDANTS (Civil Conspiracy) 207. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully restated herein. 208. The H&L Defendants deny the allegations in this paragraph. 209. The H&L Defendants deny the allegations in this paragraph. 210. The H&L Defendants deny the allegations in this paragraph. 211. The H&L Defendants deny the allegations in this paragraph. 212. The H&L Defendants deny the allegations in this paragraph. 213. The H&L Defendants deny the allegations in this paragraph. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH COUNT VIII - AGAINST DEFENDANTS CROLEY, MARTELL & ASSOC., LTD., ROETZEL & ANDRESS, LPA, KIM & ASSOC., LTD., CONNICK LAW, AND HICKMAN AND LOWDER CO., L.P.A.) (Respondeat Superior/Vicarious Liability) 214. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully restated herein. 215. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 216. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 217. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 218. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. 219. The H&L Defendants admit the allegations of this paragraph. 220. The H&L Defendants deny the allegations in this paragraph. 221. The H&L Defendants deny the allegations in this paragraph for lack of information sufficient to form a belief as to their truth. DAMAGES 222. The H&L Defendants incorporate their responses to all preceding paragraphs as if fully restated herein. 223. The H&L Defendants deny the allegations in this paragraph. 224. The H&L Defendants deny the allegations in this paragraph. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH AFFIRMATIVE DEFENSES 1. Plaintiffs’ First Amended Complaint is barred due to insufficiency of process and/or insufficiency of service of process. 2. Plaintiffs’ claims are barred by the applicable statute of limitations and/or statue of repose. 3. Plaintiffs’ claims are barred by the doctrines of claim preclusion and/or issue preclusion. 4. The First Amended Complaint fails to state a valid claim against the H&L Defendants upon which relief can be granted, in whole or in part. 5. Plaintiffs’ claims consist of allegations and factual contentions that have no evidentiary support or are not likely to have evidentiary support. 6. Plaintiffs’ claims are barred because any payments for legal services received by the H&L Defendants were received as a holder in due course without any duty to investigate the authorization of payment. 7. The claim of conversion is deficient because it was not wrongful for the H&L Defendants to receive payment of legal fees from ATD for services rendered to Michael Mehwald and because Plaintiffs fail to allege that the H&L Defendants converted from ATD any money that was earmarked or otherwise specifically capable of identification. 8. The Ohio Corrupt Practices Act claim is deficient because the H&L Defendants did not commit the underlying crimes of theft or receipt of stolen property. 9. The Ohio Corrupt Practices Act claim is deficient because the H&L Defendants did not participate in an alleged enterprise or pattern of misconduct and are not alleged to have committed any acts other than receiving money for a representation in a guardianship matter. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 10. The Ohio Corrupt Practices Act claim is deficient because it fails to allege that the H&L Defendants’ conduct threatens ongoing harm to other alleged victims or poses a threat of continued criminal activity to other alleged victims. 11. The conspiracy claim is deficient because it fails to allege that the H&L Defendants acted outside the scope of their attorney client relationship with Michael Mehwald and fails to allege that Defendant Harrison acted outside the scope of his employment. 12. The conspiracy claim is deficient because Plaintiffs cannot prove that any actions allegedly engaged in by the H&L Defendants were taken for the H&L Defendants’ sole personal benefit instead of for the benefit of their client. 13. The abuse of process claim is deficient because it fails to allege that the H&L Defendants instituted a proceeding in proper form and with probable cause. 14. The abuse of process claim is deficient because it fails to allege that the H&L Defendants perverted the guardianship matter to accomplish an ulterior purpose for which it was not designed, by means of an act taken after the filing of the matter that was not proper in the normal conduct of the proceeding and was completely separate from Michael Mehwald’s interest. 15. Plaintiffs’ claims are barred by the litigation privilege because the actions allegedly taken by the H&L Defendants consist of attorney advocacy in a legal proceeding. 16. The First Amended Complaint is barred, in whole or in part, by the doctrines of waiver, laches, license, consent, permission, acquiescence, set-off, and/or payment and release. 17. Plaintiffs’ claims are barred by the doctrine of unclean hands because Plaintiffs brought their claims in bad faith, intending to harass the H&L Defendants and retaliate against them for their advocacy as attorneys. Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH 18. Plaintiffs are estopped from asserting their claims by virtue of their own conduct, acts, errors and/or omissions. 19. The First Amended Complaint is barred, in whole or in part, by Plaintiffs’ illegal conduct and their failure to mitigate their damages, if any. 20. Plaintiffs cannot prove that they suffered damage as a result of the H&L Defendants’ alleged conduct. 21. Any damages allegedly suffered by Plaintiffs are the direct and proximate result of the intervening conduct of their own officers and agents and/or their own negligence, action or inaction, or by the intervening or superseding actions or inactions of third parties. 22. Plaintiffs’ request for punitive damages is barred by applicable Ohio and Federal law, including constitutional provisions. 23. The First Amended Complaint is barred, in whole or in part, by the doctrine of unjust enrichment, given that the Plaintiffs are demanding damages that are grossly disproportionate to any losses Plaintiffs purportedly suffered due to alleged conduct of the H&L Defendants. 24. Plaintiffs’ claims are barred because the H&L Defendants performed the legal services for which they were paid. 25. The H&L Defendants reserve the right to raise additional affirmative defenses, counterclaims and cross-claims as they may become apparent and appropriate during the course of this litigation. WHEREFORE, having fully answered, the H&L Defendants pray that the Court enter an order dismissing the Plaintiffs’ First Amended Complaint with prejudice and enter judgment in the H&L Defendants’ favor, granting them all their costs and expenses associated with the defense Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH of this litigation, including without limitation their costs and reasonable attorney’s fees, and granting them such other further relief as this Court deems just and equitable. Respectfully submitted, /s/ Sean P. Malone Andrew R. Malone (#0079465) Sean P. Malone (#0076353) Malone Law LLC 50 Public Square, Suite 2210 Cleveland, Ohio 44113 (216)861-5511(phone) (216) 861-0211 (fax) amalone@malonelawllc.com smalone@malonelawllc.com Attorneys for Defendants Hickman & Lowder and John R. Harrison CERTIFICATE OF SERVICE A true copy of the foregoing has been filed and served electronically on all parties who have appeared herein and are entitled to service via the Clerk of Court’s e-file system, this 24th day of August 2023. /s/ Sean P. Malone Sean P. Malone (#0076353) Malone Law, LLC Electronically Filed 08/24/2023 10:16 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2945747 / BATCH