SUMMONS IN A CIVIL ACTION COURT OF COMMON PLEAS, CUYAHOGA COUNTY JUSTICE CENTER CASE NO. SUMMONS NO. CV14833483 D2 SPS 24453042 JEFFREY A. LANSKY PLAINTIFF VS WILLIAM BROWNLEE, ET AL. DEFENDANT LYNDE BROWNLEE 5239 PAINE AVENUE MAPLE HEIGHTS OH 44137 Said answer is required to be served on: Pla ntiff' Attorney BRENT L. ENGLISH 820 SUPERIOR AVENUE WEST, 9TH FLOOR THE 820 BUILDING CLEVELAND, OH 44113?0000 Case has beenrassigned to Judge: JOSE A VILLANUEVA Do not contact judge. Judge's name is given for attorney's reference only. CLEVELAND, OHIO 44113 Rule 4 (B) Ohio Rules of Civil Procedure SUMMONS You have been named defendant in a complaint (copy attached hereto) ?led in Cuyahoga County Court of Common Pleas, Cuyahoga County Justice Center, Cleveland, Ohio 44113, by the plaintiff named herein. You are hereby summoned and required to answer the complaint within 28 days after service of this summons upon you, exclusive of the day of service. Said answer is required to be served on Plaintiff's Attorney (Address denoted, by arrow at left.) Your answer must also be ?led with the court within 3 days after service of said answer on plaintiff?s attorney. If you fail to do so, judgment by default will be rendered against you for the relief demanded in the complaint. ANDRE F. ROCCO DATE Sep 2 9 2 1 4 By COMPLAINTFILED 09/29/2014 Return on Service Of Writ On the day of 20 I served this Writ together with a copy of the complaint herein on the within named defendant: as follows: Subscribed and sworn to before me, a By Notary Public This day of 20 30 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO A. 17008 Maple Heights Boulevard Maple Heights, Ohio 44137-2649 Judge: A CV 14 833483 Plaintiff, VS. COMPLAINT WITH JURY DEMAND WILLIAM BROWNLEE 5239 Paine Avenue Maple Heights, Ohio 44137 and 5239 Paine Avenue Maple Heights, Ohio 44137 and MAPLE HEIGHTS NEWS 5239 Paine Avenue Maple Heights, Ohio 44137 Defendant Jeffrey A. Lansky, through his undersigned counsel of record, states for his complaint as follows: 1. Plaintiff is a resident of Maple Heights and is the Mayor of the City of Maple Heights, Ohio, a municipality located in Cuyahoga County, Ohio. Electronically Filed 09/29/2014 10:29/ CV 14 833483 Con?rmation Nbr. 246137 CLDAC 2. Defendant Lynde Brownlee is a resident of Maple Heights, Ohio. Defendant William C. Brownlee is a resident of Maple Heights, Ohio and is currently a councilman in that City. 4. Defendant Maple Heights News is a registered tradename owned and/or controlled by Defendant William C. Brownlee. 5. The Brownlee Defendants publish a blog on the internet which can be found at 6. In the blog, the Defendants claim the blog is published by a ?collection of active residents who want to foster a healthy sense of community in Maple Heights. We do this in three ways: reporting City news, providing access to information and developing a sense of community.? 7, On July 17, 2014 the Defendants published an article written by Lynde Brownlee entitled ?Throwback in which a number of false and defamatory statements were published by the Defendants about the Plaintiff (?the defamatory blog post?). 8. A true and complete copy of the defamatory blog post, with several amendments thereto, is attached hereto and marked Exhibit A- 9. Following publication of the defamatory blog post, Plaintiff, through his counsel, demanded an immediate retraction of the false and defamatory statements about him. A true and complete copy of this demand for retraction is attached hereto, marked Exhibit B, and is incorporated by reference herein. 10. Rather than retract the statements, the Defendants added a ?note to readers? in which they admitted the defamatory blog post contained ?three errors? and purportedly ?struck [them] out? of the article, by leaving them in with a line drawn across them. Ix.) Electronically Filed 09/29/2014 10:29/ I CV 14 833483 Con?rmation Nbr. 246137 CLDAC 1. The defamatory blog post remains visible on the internet and still contains false and defamatory statements as follows: (A) Plaintiff ?closed ?re station In fact, it was closed at the direction of Fire Chief John Drsek; (B) Plaintiff?eli1ninated recycling.? In fact, the Maple Heights City council did this by majority vote through legislation; (C) Plaintiff ?reduced van services for senior citizens.? In fact, one of the meal delivery drivers retired and another, who was part-time, quit. However, their positions were picked up by volunteers with no loss of service. (D) Plaintiff ?vetoed legislation to raise property taxes which was on the ballot in November, 2013.? The City Council voted to put a preperty tax increase on the ballot in November 2013. Plaintiff did not veto this legislation. The voters did not suppert the increase. In 2014, Plaintiff proposed an income tax increase and put out a ?yer in support. This measure failed by about 600 votes. (E) Plaintiff ?stopped Safety Town.? In fact. Safety Town was susPended due to total lack of participation from the residents- (F) Plaintiff Lansky voted ?no? to printing and mailing city newsletters to residents. IN fact, Plaintiff, as Mayor of Maples Heights, Lansky does not have a vote at city council meetings. The City Council decided not to expend money for this purpose. (G) Plaintiff voted ?no? for the renewal of the Code Red emergency alerting system for residents. In fact, Plaintiff has no vote at citv council meetings. The Maple Heights City Council as a body voted to remove this item from the budget in the year 2013. 12. he false and defamatory statements contained in the defamatory blog post were made with actual malice which is de?ned as publishing a knowing falsehood or publishing a statement with reckless disregard for the truth. 13. As a direct and proximate result of Defendants? conduct, Plaintiff has sustained damages to his reputation and has further incurred great emotional distress for which the Defendants are jointly and severally liable. Electronically Filed 09/29/2014 10:29/ I CV 14 833483 Con?rmation Nbr. 246137 CLDAC WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, for a sum in excess of $25,000.00 plus interest, his costs, and reasonable attorney?s fees. 2 . /ewa?vT: LAW OFFICES OF BRENT L. ENGLISH 820 West Superior Avenue, 9th Floor Cleveland, Ohio 441 13-1422 (216) 7819917] (216) 781-8113 (fax) benglish@englishlaw.com Sup. Ct. 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