IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION JAMES A. SCHWARTZ, as Administrator Ad Litem for the Estate of Steven P. Schwartz, deceased, Case No. Plaintiff, v REBECCA A. SCHWARTZ, and ANTON “LEO” STRAGAJ, Defendants. SOMPLAINT COMES NOW Plaintiffs, JAMES A. SCHWARTZ, as Administrator Ad Litem for the Estate of Steven P, Schwartz, deceased, CARTER V. SCHWARTZ, CASEY F. SCHWARTZ, and KELLY V. MAY, by and through their undersigned attorneys, and sues Defendants, REBECCA. A. SCHWARTZ and ANTON “LEO” STRAGAJ, and alleges as follows: GENERAL ALLEGATIONS 1. Thisis an action for damages which exceed Fifteen Thousand Dollars ($15,000.00), exclusive of costs and interest. 2. tall times material hereto, the deceased, Steven P. Schwartz, was a resident of Tarpon Springs, Pinellas County, Florida. 3. Atall times material hereto, Steven P. Schwartz, deceased, was a licensed Florida physician with a specialty in nephrology, and owned and operated Main Street Medical in Dunedin, Florida.4, At all times material hereto, CARTER V. SCHWARTZ, was a resident of Seminole, Pinellas County, Florida. 5. Atall times material hereto, CASEY F. SCHWARTZ, was a resident of Polk City, Polk County, Florida. 6. Atall times material hereto, KELLY V. MAY, was a resident of Spring Hill, Hernando County, Florida. 7. At all times material hereto, Defendant, REBECCA A. SCHWARTZ, was a resident of Palm Harbor, Pinellas County, Florida. 8. Atal times material hereto, Defendant, ANTON “LEO” STRAGAJ, was a resident of Palm Harbor, Pinellas County, Florida. 9. At all times material hereto, Steven P. Schwartz, deceased, and Defendant, REBECCA A. SCHWARTZ, were married and resided in their marital home located at 1310 Belcher Dr., Tarpon Springs, Florida, 34689. 10. The Sixth Judicial Circuit Court has venue pursuant to Section 47.011, Florida Statutes, because the cause of action accrued, and both Defendants, REBECCA A. SCHWARTZ and ANTON “LEO” STRAGAJ, reside, in Pinellas County, Florida. 11, Plaintiff, JAMES A, SCHWARTZ, is the duly appointed Administrator Ad Litem of the Estate of Steven P. Schwartz, deceased. Copies of the Order of Appointing Administrator Ad Litem are attached as Exhibit A. 12, Plaintiff, JAMES A. SCHWARTZ, was appointed Administrator Ad Litem for the Estate of Steven P. Schwartz, deceased, for the purpose of bringing this action since Defendant, REBECCA A. SCHWARTZ, has refused to resign as personal representative of the Estate ofSteven P. Schwartz, deceased, or bring an action against Defendant, ANTON “LEO” STRAGAJ, for wrongful death, 13, By bringing this action, Plaintiff, JAMES A. SCHWARTZ, does not waive concurrent proceedings in the probate court against Defendant, REBECCA A. SCHWARTZ, under Fla, Stat. § 732.802 (slayer statute). COUNTI WRONGFUL DEATH 14. On May 24, 2011, Steven P. Schwartz, deceased, and Defendant, REBECCA A. SCHWARTZ, were married. It was the second marriage for each of them. 15. Atthe time of his death, Steven P. Schwartz, deceased, had three (3) adult children from his first marriage, and Defendant, REBECCA A. SCHWARTZ, had two (2) adult children from her first marriage. 16, At the time of their marriage, Steven P. Schwartz, deceased, was 71 years old and Defendant, REBECCA A. SCHWARTZ, was 50 years old. 17. Onorabout May 28, 2014, Defendants, REBECCA A. SCHWARTZ and ANTON “LEO” STRAGAJ, agreed and conspired to murder Steven P. Schwartz, deceased, for, among other motives, financial gain. 18, At the time of his death, Steven P, Schwartz, deceased, had an estate worth a minimum of Ten Million Dollars ($10,000,000.00) and likely as much as Thirty Million Dollars (830,000,000.00), and Defendant, REBECCA A. SCHWARTZ, would by his death gain sole control thereof. 19, Both prior to and after marriage, Defendant, REBECCA A. SCHWARTZ, had been. fraudulently siphoning significant sums of money from Steven P. Schwartz’s accounts intoaccounts under her control, and she specifically threatened members of Main Street Medical office staff, who became aware of it, not to notify Steven P. Schwartz. 20. On at least one occasion, Defendant, REBBECCA A. SCHWARTZ, was caught embezzling funds from Main Street Medical by Dr. Neuwirth, who was an owner of the company. 21. In an attempt to conceal her embezzlement of company funds, Defendant, REBECCA A. SCHWARTZ, would have employees of Main Street Medical go into her husband’s email account and delete emails that were related to her fraudulent purchases. 22, After making large personal purchases on a company credit card, Defendant REBECCA A. SCHWARTZ, threatened an employee by stating “If you want your job, you will tell him (Dr. Schwartz) that you had to buy these things.” 23. Prior to the death of Steven P. Schwartz, deceased, Defendant, REBECCA A. SCHWARTZ, told Main Street Medical office staff that her marriage to Steven P. Schwartz. was a “temporary situation.” 24, Onat least 5 separate occasions, Defendant, REBECCA A. SCHWARTZ, became angry with Dr. Schwartz for donating money to his patients and told staff that “I could just shoot him” 25. About one month before the murder, Defendant, REBBECCA A. SCHWARTZ, hired a document shredding service to dispose of multiple boxes of paperwork, but did not inform the staff of what documents were being destroyed. These documents were likely relevant to the embezzlement of funds by her from the medical practice. At all times material, Defendant, REBECCA A. SCHWARTZ functioned as the business manager for Main Street Medical and shortly before the murder it was discovered that she had engaged in fraudulent activity involvingMedicare billing. This discovery made known to Steven P. Schwartz created additional tension in the marriage. 26. Prior to his death, Steven P. Schwartz threatened Defendant, REBECCA A. SCHWARTZ, with divoree due to her personal spending habits and personal misappropriations of money. 27. Prior to his death, Steven P. Schwartz remained married to Defendant, REBECCA ‘A. SCHWARTZ, because, among other things, she repeatedly threatened to publicly expose confidential information important to Steven P. Schwartz reputation in the community; all of this created tension in the marriage. 28. Shortly before Steven P. Schwartz’s death, and before discovering Rebecca A. Schwartz's fraudulent Medicare billing issues immediately prior to his death, Defendant, REBECCA A. SCHWARTZ, induced him into changing his estate plan to particularly benefit her rather than his natural children. Steven P. Schwartz acquiesced under the threat of exposing information important to his reputation in the community. 29. Immediately following the death of Steven P, Schwartz, deceased, Defendant, REBECCA A. SCHWARTZ, began expeditiously and unlawfully liquidating their assets, and continues to do so. 30. Defendant, ANTON “LEO” STRAGAS, worked as a handyman, performing miscellaneous tasks around the home of Steven P. Schwartz, deceased, and Defendant, REBECCA A. SCHWARTZ. 31. Prior to and at the time of the murder, Defendants, REBECCA A. SCHWARTZ and ANTON “LEO” STRAGAJ, had a close personal relationship.32. Prior to and at the time of the murder, Defendant, ANTON “LEO” STRAGAJ was represented to others by Defendant, REBECCA A. SCHWARTZ, to be her “right hand man” who, according to Defendant, REBECCA A. SCHWARTZ, “would do anything for me ... anything.” 33. On several occasions prior to the murder, Defendant REBECCA A. SCHWARTZ, made comments to others that “for $15,000, Leo will take care of anyone you want.” 34. Defendant, REBECCA A. SCHWARTZ, would often talk to others about knowing how to get a “hitman” and that if “I need something done, I can get it done.” 35. Prior to the death of Steven P. Schwartz, Defendant, REBECCA A. SCHWARTZ, told others that she couldn’t stand being touched by Steven P. Schwartz, and that she would be a very tich woman when he died. 36. Defendant, REBECCA A. SCHWARTZ, offered Defendant, ANTON “LEO” STRAGAJ, both financial and non-financial compensation for his assistance in murdering Steven P, Schwartz, for which Defendant, ANTON “LEO” STRAGAJ, complied. 37. Onor about May 28, 2014, while at the Schwartz’s home, Defendants, REBECCA A. SCHWARTZ and ANTON “LEO” STRAGAJ, acted together to murder Steven P, Schwartz, by slitting his throat with a knife from their kitchen, and shooting him multiple times in the head and neck, directly causing his death. 38. DNA evidence linking Defendant, ANTON “LEO” STRAGAJ, to the murder was found the clothes of Steven P. Schwartz, deceased, from the time of his murder. 39. Police investigators characterized the temperature of the house on the day of the murder as being as cold as a “meat locker,” which was unusual. 40. After the murder of Steven P. Schwartz, police investigators determined that a butcher knife was missing from the home.41. In order to cover up the conspiracy, Defendants, REBECCA A. SCHWARTZ and ANTON “LEO” STRAGAYJ, staged a “break-in” by destroying part of the rear door, removing several pieces of jewelry from the master bedroom, and creating disarray in an attempt to mislead authorities as to their involvement. 42. Prior to the murder of Steven P. Schwartz, Defendant, REBECCA A. SCHWARTZ’s, son had committed numerous thefts from another home owned by Steven P. Schwartz, deceased, which Defendant, REBECCA A. SCHWARTZ, never reported to police, and convinced Steven P. Schwartz not to report to police, making it curious that she reported a break- in and theft to police when she came home on the night of May 28, 2014. 43. The “break-in” was made to look similar to a previous break-in and theft by Defendant's, REBECCA A. SCHWARTZ’s, adult son, which occurred years earlier. This was due to Defendants, REBECCA A. SCHWARTZ and ANTON “LEO” STRAGAJ, having that event as. a frame of reference to stage the present one, rather than to implicate the son, who had an alibi for his whereabouts at the time of the murder. 44, In support of the above, on May 28, 2014, the Schwartz’s two large pet dogs, one Brazilian mastiff and one black Labrador retriever, were found in the master bedroom behind closed doors, having been placed there by Defendants, REBECCA A. SCHWARTZ and/or ANTON “LEO” STRAGAJ, in order to keep them quiet and away from murder scene. 45. _ In order to conceal their involvement in the murder, Defendants, REBECCA A. SCHWARTZ and/or ANTON “LEO” STRAGAY, also removed both the hard drive and the back- up hard drive which stored footage from the home’s extensive closed-circuit surveillance system. Notably, the back-up hard drive was stored in a remote, hidden area and would therefore require specific knowledge of its location in order to be removed.46. On the date of the murder, Defendant, REBECCA A. SCHWARTZ, stayed after hours at Main Street Medical and took at least 5 phone calls from Defendant, ANTON “LEO” STRAGAI. 47. Defendant, REBECCA A. SCHWARTZ is a convicted felon for embezzling from MADD, and her right to own or possess firearms has been permanently revoked. 48. Despite her status as a convicted felon, Defendant, REBECCA A. SCHWARTZ, in fact unlawfully owned or possessed multiple firearms, and often bragged about and brandished them, at times material hereto. 49. During the ensuing police investigation, Defendant, REBECCA A. SCHWARTZ, told police investigators that she did not own any firearms, when the contrary was in fact true. 50. One of the firearms which Defendant, REBECCA A. SCHWARTZ, owned was a .2 caliber. Police investigators determined that the same caliber firearm was used to murder Steven P. Schwartz. 51. Defendant, REBBECCA A. SCHWARTZ, would often talk about her .22 caliber firearm, which she called her “Saturday Night Special,” and which she told others she carried at all times. 52, In order to cover up the conspiracy, Defendant, REBECCA A. SCHWARTZ, has been uncooperative with police investigators and has refused to provide further information since the initial report of the murder. 53. Defendant, REBBECCA A. SCHWARTZ, also specifically instructed the staff at Main Street Medical not to talk to police or cooperate in the investigation of the murder of Steven P. Schwartz, at the risk of losing their job.54. Defendant, REBECCA A. SCHWARTZ, has publicly acknowledged to others that she is a target of the police investigation, and as a result she has hired a noted local criminal defense attomey, Denis de Vlaming, to defend her and, among other things, attend hearings in the probate matters of this case. 55. After the death of Steven P, Schwartz, his brother, Dennis Schwartz, offered a $25,000 reward for information leading to the arrest of his murderer. However, importantly and tellingly, Defendant, REBECCA A. SCHWARTZ, refused to offer any such reward, despite inheriting millions of dollars from his death. 56. Before his death, Steven P. Schwartz promised his natural son Carter V. Schwartz, ‘who notably is not a natural son of Defendant, REBECCA A. SCHWARTZ, that he would pay for his medical school tuition if and when he were to be admitted. 57. Steven P. Schwartz’s natural son, Carter V. Schwartz, was admitted into medical school on the day of his father’s death, and Defendant, REBECCA A. SCHWARTZ, refused to pay for Carter V. Schwartz’s medical school tuition, and in fact cut off support to all of Steven P. Schwartz's natural children, while lavishing monies on her own natural children. 58. Before and after the murder of Steven P, Schwartz, deceased, Defendant, REBECCA A. SCHWARTZ, formed numerous Limited Liability Companies, into which she has unlawfully transferred funds, and she has engaged in an extensive transfer of assets to her natural children and entities controlled by her. 59, In fact, years before she married Steven P. Schwartz, Defendant, REBECCA A. SCHWARTZ, legally changed her last name to “Schwartz,” claiming she was married to him so she could fraudulently cash checks in his name.60. During the police investigation, Defendant, REBECCA A, SCHWARTZ, curiously ‘suggested to others that the Albanian Mafia was likely involved in the murder. 61. Defendant, ANTON “LEO” STRAGAJ, is a citizen of Albania and at all material times hereto was in the United States on a work visa. : 62. Shortly after the murder, police investigators removed an apparently damaged rear door, relevant to the investigation and adjacent to the location where Steven P. Schwartz’s body was found. On that same day, Defendant, ANTON “LEO” STRAGAJ, visited Main Street Medical Center in a panicked state, demanding to see Defendant, REBECCA A. SCHWARTZ. 63. | Onor about March 31, 2015, Defendant, ANTON “LEO” STRAGAJ, was arrested by the Tarpon Springs Police Department and charged with first-degree murder. 64. After Defendant, ANTON “LEO” STRAGAJ, was arrested, police stated that the investigation remained active and investigators had not ruled out other arrests. An active criminal investigation related to a conspiracy to commit murder remains open today. 65. Anactive criminal investigation into other possible suspects is ongoing, and it is expected that a grand jury will indict Defendant, REBECCA A. SCHWARTZ, for the murder of Steven P. Schwartz, once the active investigation is completed. 66. _Asadirect and proximate result ofthe wrongful actions of Defendants, REBECCA A. SCHWARTZ and ANTON “LEO” STRAGAJ, Steven P. Schwartz, deceased, died on May 28, 2014, and the following damages were sustained: a. Plaintiff, JAMES A, SCHWARTZ, as Administrator Ad Litem of the Estate of Steven P. Schwartz, deceased, seeks all damages past and future, allowable under Florida’s Wrongful Death Act, to specifically include (i) the value of the loss of earnings of the deceased from the date of injury to the date of death, (ii) the value 10of the loss of the prospective net accumulations of the estate reasonably expected, reduced to present value, and (iii) medical and funeral expenses charged against the Estate or paid for by the decedent. b, Plaintiff, JAMES A. SCHWARTZ, as Administrator Ad Litem of the Estate of Steven P. Schwartz, deceased, for the benefit of CARTER V. SCHWARTZ, the natural child of Steven P. Schwartz, deceased, and therefore survivor and minor child as contemplated by the Florida Wrongful Death Act (§768.21), is seeking all damages past and future, allowable under said Act, to specifically include (i) the value of lost support and services from the date of the decedent's injuries to his death, (ii) the value of future loss of support and services from the date of decedent’s death, reduced to present value, (iii) the value of lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of the injury, and (iv) the cost of any medical or funeral services paid by the survivor. ¢. Plaintiff, JAMES A. SCHWARTZ, as Administrator Ad Litem of the Estate of Steven P. Schwartz, deceased, for the benefit of CASEY F. SCHWARTZ, the natural child of Steven P, Schwartz, deceased, and therefore a survivor as contemplated by the Florida Wrongful Death Act (§768.21), Florida's “Slayer Statute” (§732.802), and the Second District Court of Appeals in Cosman v. Rodriguez, 153 So.3d 371 (Fla, 2d DCA, 2014), is seeking all damages past and future, allowable under the Florida Wrongful Death Act, to specifically include (i) the value of lost support and services the date of the decedent’s injuries to his death, Gi) the value of future loss of support and services from the date of the decedent’s in67. death, reduced to present value, (i the value of lost parental companionship, instruction, and guidance, and for mental pain and suffering from the date of the injury, and (jv) the cost of any medical or funeral services paid by the survivor. 4. Plaintiff, JAMES A. SCHWARTZ, as Administrator Ad Litem of the Estate of Steven P. Schwartz, deceased, for the benefit of KELLY V. MAY, the natural child of Steven P. Schwartz, deceased, and therefore a survivor as contemplated by the Florida Wrongful Death Act (§768.21), Florida’s “Slayer Statute” (§732.802), and the Second District Court of Appeals in Cosman v. Rodriguez, 153 So.34 371 (Fla. 2d DCA, 2014), is seeking all damages past and future, allowable under the Florida Wrongful Death Act, to specifically include, (i) the value of lost support and services the date of the decedent’s injuries to his death, (ii) the value of future loss of support and services from the date of the decedent’s death, reduced to present value, (iii) the value of lost parental companionship, instruction, and guidance, and for mental pain and suffering from the date of the injury, and (iv) the cost of any medical or funeral services paid by the survivor. Plaintiff, JAMES A. SCHWARTZ, as Administrator Ad Litem for the Estate of Steven P. Schwartz, deceased, reserves the right to amend this Complaint to seek punitive damages pursuant to Florida law. WHEREFORE, Plaintiff, JAMES A. SCHWARTZ, as Administrator Ad Litem of the Estate of Steven P. Schwartz, deceased, demands a trial by jury and judgment against Defendants, REBECCA A. SCHWARTZ and ANTON “LEO” STRAGAJ, for an amount within the jurisdictional limits of this Court, to wit: More than Fifteen Thousand Dollars ($15,000) plus costs, and for such other relief to which the Plaintiff may be justly entitled. 12f May, 2016 in Palm Harbor, Pinellas County, Florida, whf@florinroebig.com FBN: 0337234 ‘Thomas D. Rocbig, Jr., Esquire tdr@florinroebig.com FBN: 0651702 Chad K, Florin, Esquire ckflorin@florinroebig.com FBN: 121087 FLORIN ROEBIG, P.A. 777Alderman Road Palm Harbor, FL 34683 ‘Telephone: (727)-786-5000 Fax: (727)-772-9833 Service Emai Primary: whf@florinroebig.com Secondary: sschlesinger@florinroebig.com PiService@florinrocbig.com Attorneys for Plaintiffs 13IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR, pier gd county. FLORIDA "ROBATE DIVISIO! IN RE: THE ESTATE OF STEVEN P. SCHWARTZ, Deceased. CASE NO: 14-4814-E8-3 JAMES A. SCHWARTZ, Petitioner, v. REBECCA A. SCHWARTZ, as Personal eee of the Estate of Steven P. Schwartz, Deceased, Respondent. ———————> Or PO! DL. THIS GAUSE having come before this Court on the Court's own motion for appointment of an Administrator Ad Litem and the Court having found the necessity, pursuant to Florida Statutes, §733.308, to appoint an Administrator Ad Litem with Fespect to potential wrongful death actions arising out of the death of the decedent, ‘Steven P. Schwartz, it is hereby, ORDERED and ADJUDGED that, after filing an oath to discharge all duties faithfully as required by Florida Probate Rule 5.120, JAMES A. SCHWARTZ, whose business address is 235 N. Garden Avenue, Clearwater, FL 33755, is hereby appointed as an Administrator Ad Litem for the purpose of investigating and, if there is a good faith basis, pursuing any wrongful death actions arising out of the death of the decadent, Steven P. Schwartz. Pursuant to the Florida Wrongful Death Act (Le. Florida Statutes, §768.16-768.26), the Administrator Ad Litem is authorized to investigate, litigate, mediate, arbitrate or otherwise settle any wrongful death causes of action, with the ‘specific powers to bring an action, if there is a good faith basi 1 galnst Rebecca A.Schwartz and Anton Stragaj. By his agreement, the Administrator Ad Litem shall serve without compensation. ‘The Administrator Ad Litem may hire counsel to pursue the wrongful death claims on a contingency fee basis in accordance with Florida Bar standards, DONE AND ORDERED in Clearwater, Pinellas County, Florida this 20. day of January, 2016. INDA R. ALLAN CIRCUIT COURT JUDGE Copies via email to: Joshua Magidson, Esq. Patrick WILH. Florin, Esq.