Electronically Filed 11/06/2013 02:22:38 PM ET

Electronically Filed 11/06/2013 02:22:38 PM ET IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA KENNETH MANFREDI, SR., KENNETH MANFREDI,' R., and ALEXANDER LIE B , as trustee for the estate of Ernesto Liebster .1 Phuidiffs, VS. KOBALTE1C, INC., an inactive Florida Corporation; MILLENNIUM LOCK INC. cUb/a ULTIMATE LOCK SYSTEMS, a Texas Corporation; DARIUN BAYSINOER, individually; RON DANIELS, individually; JOSEPH TITPNB, individually, Defendants. CASE NO. 13-024268 CA 01 PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT COME NOW the Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, by and through the undersigned counsel, and hereby move this Court for leave to file their Amended Complaint, a true and cowed copy of which is attached hereto and matted as Exhibit "1," and as grounds therefore state as follows: 1. On July 17, 2013, Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Litter (hereinafter collectively referred to as "Plaintiffs") filed the subject Complaint. 2. Plaintiffs have not attempted to amend the Complaint prior to this motion. 3. This amended Complaint seeks to clarify the damages sought in each separate count, fix scriveners' errois that were contained in the original Complaint, and add an additional cause of action for Civil Theft, as to three of the Defendants. EFTA01198664 Kenneth Manfredi, et at v. Kobaltek, Inc., ei al. Plaintiffs' Motion for Leave to Amend Complaint Page 2 of 3 4. Florida Rule of Civil Procedure 1.190(a) (2013) provides that leave of court to amend pleadings "shall be given freely when justice so requires." The primary consideration in determining whether a motion for leave to amend should be granted is a test of prejudice, and such leave "should not be denied unless the privilege has been abused or the complaint is clearly not amendable." Soucy v. Casper, 658 So.2d 1017 (Ha. 4th DCA 1995); New River Yachting Ctr., Inc. v. Racchiocchi, 407 So.2d 607, 609 (Fla. 4th DCA 1981). 5. In fact, "refusal to allow amendment of a pleading constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party; the privilege to amend has been abused; or amendment would be futile." Spradley v. Stick, 622 So.2d 610, 613 (Ha. 1st DCA 1993); accord Carter v. Ferrell, 666 So.2d 556, 557 (Fla. 2d DCA 1995); see also Dimick v. Ray, 774 So.2d 830, 834 (Fla. 4th DCA 2000) (the preference of the rules of procedure is for all claims to be brought in one action, even by amendment of a complaint provided that the amendment does not prejudice the defendant). 6. Florida conrts have long followed the policy of allowing litigants to amend pleadings freely in order that cases may be tried on the merits, and that amendments to pleadings should be allowed where the basic cause of action is not changed. The test is whether the pleading as amended is based upon the same specific conduct, transaction or occurrence between the parties upon which the plaintiff tried to enforce his original claim. Tuner v. Th-ade-Mor, Inc., 252 So.2d 383, 384 (Fla. 4th DCA 1971). 7. The addition of a cause of action of Civil Theft, pursuant to Florida Statute §772.11 (2013), arises out of the same specific conduct, transaction and occurrence that is and has been averred in the original Complaint, and inclusion of this cause of action is necessary in order for all claims to be brought in one action. The Law Office of Michael I. 7850 146• Street• Suite 501* Miami Lakes, It • 33016•Tel(305)822-8422•Pax(305)82.2.3155 EFTA01198665 Kenneth Manfredi, el al v. Koballek, Inc., et al. Plaintiffs' Motion for Leave to Amend Complaint Page 3 of 3 WHEREFORE, the Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, respectfully request that this Court grant this Motion for Leave to file their Amended Complaint, and for all other relief deemed appropriate by this Court. Respectfully submitted, Law Office of Michael I. Reppas, 7850 NW 146°' Street, Suite 501 Miami Lakes, Florida 33016 Tel (305) 822-8422 Fax (305 822-3155 Email: By: /s/ George C. Palaidis MICHAEL J. REPPAS, ESQ. Florida Bar No. 124702 GEORGE C. PALAIDIS, ESQ. Florida Bar No. 056666 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished on this 6th day of November, 2013, via electronic mail to Joe Titone, Esq., 621 SE 5 Street, Pompano Beach, FL 33060, at joetitone708®comeast.net and Steve Mankodi, Esq., 11972 West Sample Road, Coral Springs, FL 33065, at By: /s/ George C. Palaidis MICHAEL J. REPPAS, ESQ. Florida Bar No. 124702 GEORGE C. PALAIDIS, ESQ. Florida Bar No. 056666 The Law Office of Michael J. Reppas,.. 7850.. we Street* Suite 501* Miami Lakes, FL • 33016•Tek305)822-8422•Fax(305)822-3155 EFTA01198666 IN THE CIRC111T COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA KENNETH MANFREDI, sg., CASE NO. 13-024268 CA 01 KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as Trustee for the Estate of Ernesto Liebster, Plaintiffs, vs. KOBALTEK,114C., an inactive Florida Corporation; MILLENNIUM LOCK INC. d/b/a ULTIMATE LOCK SYSTEMS, a Texas Corporation; DARREN BAYSINGER, individually; RON DANIELS, individually; and JOSEPH TITONE, individually, 1 Defendants. AMENDED COMPLAINT COME NOW the Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, by and through the undersigned attorney, and sue the Defendants, KOBALTBK, INC., an inactive Florida Corporation; MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, a Texas Corporation; RON DANIhLS, individually; DARREN BAYSINGER, individually; and JOSEPH TITONE, Individttif/bi, and in support thereof allege: i JURISDICTION AND VENUE 1. This is an action for Conversion, Civil Theft, Conspiracy, Fraud, and Breach of Fiduciary Duty, and is for damages that are within the jurisdiction of this Court, exclusive of interest, costs, and attorneys! fees. The Law Office of Michael 1. Reppas, ■ 7850 N.W. 1464 Street* Suite 501* Miami Lakes, FL • 33016•Te1(305)822-8422•Fiuc(30S)822-3155 EXHSIT er EFTA01198667 Magna, et at v Koballek, Inc., et at Plaintiff's Complaint Page 2 of 24 2. Plaintiff, ICENNETH MANFREDI, SR. (hereinafter referred to as "MANFREDI SR"), is a sui furls Georgia t idal 3. Plaintiff, KENNETH MANFREDI, JR. (hereinafter referred to as "MANFREDI JR"), is a sui furls Texas resident. 4. Plaintiff, Al4CANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster (hereinafter referred to as "LIEBSTER"), is a sui furls Maine resident. 5. Defendant, K6BALTEK, INC., (hereinafter referred to as "KOBALTEK") was, at all times material hereto, Florida Corporation with its principal place of business in Broward County, Florida, and conducting business in Miami-Dade County, Florida. lI 6. Defendant, MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, (hereinafter referred to as 1"MILLENNIUM") was, at all times material hereto, a Texas Corporation conducting hustings in Miami-Dade County, Florida. 7. Defendant, RON DANIELS (hereinafter referred to as the "DANIIIIS"), is a sui furls Texas resident, and is ;and was the President and Chief Executive Officer of Defendant, MILLENNIUM LOCK INC), d/b/a ULTIMATE LOCK SYSTEMS, at all times material hereto. 8. Defendant, .BARREN BAYSINGI3R (hereinafter referred to as the "BAYS1NGER"), is a sift furls! I Broward County resident. _ 9. Defendant, JOSEPH TITONE (hereinafter referred to as the "JOSEPH TITONE"), is a sui furls Br4vard County resident. 10. Venue is proloer in Miami-Dade County, Florida, as the majority of the claims giving rise to the dispute occurred in Miami-Dade County and the Defendant KOBALTEK is a Miami-Dade County corporation. The Law Office of Michael J. Reppas.p. 7850.. 1466 Street* Suite 5010 Miami Lakes, FL • 330 6•Tel )822.8422.Fox(305)822-315$ EFTA01198668 Manfredi, et al. v. Kobaliek, Inc., ci at. Plaintiff's Complaint Page 3 of 24 FACTS 11. On February 15, 2010, and Felltyary 24, 2010, Plaintiffs, Ernesto LIEBSTER and MANFREDI SR., respeetivtly, purchased 2,000 Model 4000 locks (hereinafter referred to as "SUBJECT MERCHANDIOW) from Defendant, MILLENNIUM, and executed a personal guarantee as co-guarantors; for the SUBJECT MERCHANDISE in the amount of ONE HUNDRED THOUSAND DOLLARS (S100,000.00). A true and correct copy of this Personal 1 Gum office is an:relied hereto and marked as Exhibit "A." 12. In our around March 2010, non-party, Rolando Martinez (hereinafter referred to as "MARTINEZ.), an employee of Defendants MILLENNIUM and DANIELS, prepared the SUBJECT MERCHANDISr far shipping from Houston, Texas, to Miami, Florida. See, Martinez's statement to th4 Miami-Dade County Police Department, dated April 20, 2012, regarding Theft Report Cast #PD111027430601, a true and correct copy of which is attached hereto and marked as Exhibil '13." 13. In or around March 2010, the SUBJECT MERCHANDISE was shipped to non- party, DTS DIRECT MAIL1AND FULFILLMENT SERVICES, INC.'s (hereinafter referred to 1 as "DTS") storage warehouse in Miami-Dade County, Florida. Shipping fees in the amount of ONE THOUSAND FOUIll. HUNDRED FORTY DOLLARS (S1,440.00) was paid by LIEBSTER. See, Straight Bill of Lading, a true and correct copy of which is attached hereto and 1 marked as Exhibit "C." 14. Between April 21. 2010 and May 3. 2010, Plaintiffs, MANFREDI SR., and Emesto LIEBSTER paid air1 amounts due for the SUBJECT MERCHANDISE pursuant to the PERSONAL GUARANTEE( See, Draft numbers 1350 and 1352 written from MANFREDI's The In Office of Michael L Reppas,... 7850.. 146' Street. Suite 501* Miami Lakes, FL • 33016•Teff305)822-11422•Fax(305)822-3155 EFTA01198669 Manfredi, et al. v. Kobaltek, Inc., et at Plaintiff's Complaint Page 4 of 24 Non-Party corporation, Dev`ploper Design Group, LLC, true and correct redacted copies of which arc attached hereto and marked as Composite Exhibit "D." 15. In or around Tune 2010, PLAINTIFFS entered into an agreement with a wholesale 1 company in Jamaica for the Muse of the subject property 16. The SUBJE MERCHANDISE was scheduled to remain in storage at DTS' warehouse until it was ready to be shipped to Jamaica. ' 17. On or around, September 3, 2010, Ernesto LIEBSTER died. 18. On or around September 6. 2010 MARTINEZ was asked by Defendant DANIELS and/or Defendant MILLENNIUM to unload the SUBJECT MERCHANDISE into Defendants, DANIELS and MILLENNIUM's facilities in Houston, Texas. See, Exhibit "B." ; 19. MARTINEZilcnew of the sale of the SUBJECT MERCHANDISE to Plaintiffs, I MANFREDI SR and LIES TER, and believed same to be the rightful owners of the SUBJECT Id MERCHANDISE, and bas on that knowledge arranged for the shipping of the SUBJECT I MERCHANDISE to a warehouse t in Miami, Florida 20. MARTINEZ:believed that Defendants DANIELS and/or MILLENNIUM were no longer the rightful owners ol' the SUBJECT MERCHANDISE. Id. 21. On or around September 8, 2010, and upon information and belief the SUBJECT MERCHANDISE was stolen by Defendants, DANIELS and MILLENNIUM from DTS' I Warehouse, and taken across state lines to Defendants, DANIELS and MILLENNIUM's facilities in Houston, Texas.: 22. MARTINEZ Iwas aware of DANIELS and MILLENNIUM's scheme to steal the I SUBJECT PROPERTY, buirefined to take part in same. Id. ' The Law Office of Michael L Reppas, 7850. M . 146th Street* Suite 501* Miami Lakes, FL • 33016•Tel(305)822-13422ernogsAn.3155 EFTA01198670 Mafradl, el. al. v. Kobakek, Inc., et al. Plaintiff's Complaint Page 5 of 24 23. On or around September 26. 2010, PLAINTIFFS were notified that the SUBJECT I MERCHANDISE had been! stolen. PLAINTIFFS immediately notified the Police and FBI I regarding said theft. See, Miami-Dade Police Department Theft Report, Case PPD111027430601, a true aid correct copy of which is attached hereto and marked as Exhibit "E." See also, Exhibit "B." 24. In or arounii September 2010, upon information and belief, Defendants, p BAYSINGER and JOSEPHl ITONE began conspiring against PLAINTIFFS for the purposes of diverting potential insuniince proceeds for the theft of PLAITNIFF's SUBJECT i MERCHANDISE from DTSfs warehouse. 25. On or around September 29, 2010, and in furtherance of the conspiracy identified in paragraph 24 above, Defendant BAYSINGER formed KOBALTEK, INC (a named defendant herein). See, Articles of Incorporation for Kobaltek, Florida Department of State, Division of Corporations, a true and correct copy of which is attached hereto and marked as Exhibit "F." i 26. In or around September and October 2010, and unbeknownst to PLAINTIFFS, and in furtherance of ther conspiracy, Defendant JOSEPH TITONE contacted non-party I Sherman Daley (hereinafter 'referred to as "DALEY"), former sales agent for LIEBSTER, and wrongfully informed DALEY that JOSEPH TITONE was representing Plaintiffs, MANFREDI SR. and LIEBSTER in a lau uit against DTS regarding the stolen SUBJECT PROPERTY. See, i Letter from Daley to Manfrech, dated April 23, 2012, a true and correct copy of which is attached hereto and marked as Exhibit "G." 27. In or around September and October 2010, and unbeknownst to PLAINTIFFS, ! and in furtherance of their conspiracy, Defendant BAYSINGER requested that-DALEY issue a The Law Office of Michael J. Reppas, 78501. 1464 Streets Suite 501* Miami Lakes, FL • 33016•TeK305)822-8422•Fax(305)822-3155 EFTA01198671 Manfredi, et. al. v. Kobetrek, bin., ei Plaintiff's Complaint Page 6 of 24 new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and 'white out' Mr. Liebster's mune." Id. 28. Defendant BAYSINGER further told DALEY that Defendant JOSEPH TITONE believed that this new purchase order would "hold 'more credibility' and show standing in this case [against MS]." Id. 29. DALEY refused to comply with Defendants JOSEPH TITONE and BAYSINGER's request to fraudulently alter the purchase order as discussed in the preceding paragraph. Id. 30. On or around October I, 2010 MARTINEZ discovered the SUBJECT MERCHANDISE at Defendants, DANIELS and MILLENNIUM'S facilities in Houston, Texas, and notified PLAINTIFFS of same. 31. On or around October 22, 2010, and January 7, 2011, PLAINTIFFS made a demand for the immediate compensation of the stolen SUBJECT PROPERTY. 32. On or around October 29, 2010, and unbeknownst to PLAINTIFFS, and in furtherance of their conspiracy, Defendant KOBALTEK, via Defendant BAYSINGER and represented by Defendant JOSEPH =ONE., filed a lawsuit against DTS seeking compensation for the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the DTS warehouse. 33. In or around:January 2011, PLAINTIFFS opened an investigation with the FBI Office in Houston, Texas, regarding the theft of the SUBJECT PROPERTY transported across state lines. 34. In or around March 2011, and over FIVE (5) months after having filed the lawsuit described above, and in furtherance of their conspiracy, Defendant, BAYSINGER approached The Law Office of Michael J. Reppaa, 7850 146th Street* Suite 501. Miami Lakes, FL • 33016•Tela03)822-8422•Fax(105)822-3155 EFTA01198672 Manfredi, ei. at v. Kobalfek, Inc., et at. Plaintiff's Complaint Page 7 of 24 PLAINTIFFS for the first time and informed them that he had just learned of the theft of the SUBJECT PROPERTY, and offered to assist PLAINTIFFS make an insurance claim against DTS. See, Kobaltek v. DTS Direct Mall & Fulfillment Services, Miami-Dade County Circuit Court Case No. 10-58137, q true and correct copy of the Docket Information is attached hereto and marked as Exhibit "H." 35. On or around June 14, 2011, and unbeknownst to PLAINTIFFS, and in fltrtherance of their consliiracy, Defendant KOBALTEIC, via Defendant BAYSINGER, represented by Defendant JOSEPH TITONE, settled the lawsuit with DTS for TWENTY-FIVE THOUSAND DOLLARS (525,000.00). See, Kobaltek v. DTS Direct Mall & Fulfillment Services, Miami-Dade County Circuit Court Case No. 10-58137, Mediator's Report and Settlement Agreement, dated Juno 14, 2011, a true and correct copy of which is attached hereto and marked as Exhibit "I." 36. In or around June 2011, Defendant JOSEPH TITONE approached non-party, Anthony Titone, Esq. (Defendant JOSEPH TITONE's brother and hereinafter referred to as "ANTHONY TITONE") abd requested to use ANTHONY TITONE's Florida Bar Trust Account for the receipt and distribution of the settlement funds. See, Affidavit of Anthony Titone with Attachments, a true and correct copy of which is attached hereto and marked as Composite Exhibit "J." 37. ANTHONY TITONE did not seek or receive the permission of any of the PLAINTIFFS to accept and distribute said fiords or in any other way to represent them as their attorney. 7850.. 146° Streets Si The Law Office of Michael 3. Reppas, le 5010 Miami Lakes, FL • 330 I 6•Teff305)822-8422•Pax(305)822-3155 EFTA01198673 Matted!, et al. v. Xobahek, Inc.. et at. Plaintiff's Complaint Page 8 of 24 38. On or around dune 24,2011, ANTHONY TITONE deposited the TWENTY- FIVE THOUSAND DOLLARS (S25,000.00) settlement funds into his Trust Account. See, Composite Exhibit "J." 39. On or around July 1. 2011, ANTHONY TITONE, at the direction of JOSEPH TITONE and BAYSINGER, distributed from his Trust Account the proceeds from the settlement with DTS as follows: JOSEPH TITONE received FIFTEEN THOUSDAND FIVE HUNDRED DOLLARS (S15,500.00) arid BAYSINGER received NINE THOUSAND FIVE HUNDRED DOLLARS ($9,500.00). Sed, Composite Exhibit "I." 40. In furtherance of their conspiracy, and despite having already filed and settled the lawsuit against DTS, BAYSINGER, in or around July 2011 informed PLAINTIFFS of his intention to hire JOSEPH acITONE to represent than in a lawsuit against DTS on behalf of PLAINTIFFS; the PLAINTIFFS refused JOSEPH TITONE's representation or involvement in any way with the dispute. 41. In or around!September 2011, in furtherance of their conspiracy, and despite having already filed a lawsuit against DTS and settled same, BAYSINGER informed PLAITNIFFS that they were able to recover FIVE THOUSAND DOLLARS ($5,000.00) from DTS but needed said funds to compensate JOSEPH TITONE. 42. In or around! November 2011, PLAINTIFFS contacted DTS' Chief Operating Officer, Christopher Trainor; who informed PLAINTIFFS that they had fallen victims of a hoax by JOSEPH TITONE and BAYSINGER. 43. In or around December 2011, PLAINTIFFS received, for the first time, a copy of the settlement agreement between DTS and KOBALTEK, signed by BAYSINGER on behalf of KOBALTEK and signed by JOSEPH TITONE. See, Exhibit "I." The Law Office of Michael J. Reppas, 7850M. 146th Street• Siiite 501• Miami Lakes, FL • 330I6•Te8305)822-8422•Fax(305)822-3155 EFTA01198674 Manned!, et. at v. kobaltek, Inc., et Plaintiff's Complaint Page 9 of 24 44. In or around 'armory 2012, Mark Goldstein, attorney for DTS, orally informed the PLAINTIFFS that BAYSINGER and JOSEPH TITONE "scammed" PLAINTIFFS by wrongfully and fraudulently filing and settling the matter against DTS. 45. In or around January 2012, Mr. Goldstein further orally informed the PLAINTIFFS that BAYSINGER and JOSEPH TITONE perpetuated multiple frauds upon the Court in the lawsuit against DTS by altering documents to establish standing in said case. 46. In or around February 2012, PLAINTIFFS approached BAYSINGER and inquired about the TWENTY-FIVE THOUSAND DOLLAR ($25,000.00) settlement. Defendant BAYSINGER informed PLAINTIFFS that Defendant JOSEPH TITONE took the TWENTY- FIVE THOUSAND DOLLARS (S25,000.00), and then immediately ended the parties' conversation. 47. In or around March 2012, PLAINTIFFS filed a complaint with the Florida Bar against Defendant JOSEPH TITONE for filing the frivolous lawsuit referred to above and for stealing the TWENTY-FIVE THOUSAND DOLLAR ($25,000.00) settlement funds resulting from same. Said complaint with the Florida Bar is still under investigation. 48. The SUBJECT MERCHANDISE identified above was placed from, delivered to, stored in and stolen front Miami-Dade County, Florida 49. The wrongful lawsuit and resulting settlement was filed in Miami-Dade County, Florida. 50. The settlement funds were paid, received and deposited, and released in Miami- Dade County, Florida. 51. To date, Defendants have not returned any of the SUBJECT MERCHANDISE or- otherwise compensated PLAINTIFFS for the theft of same. The Law Office of Michael J. Reppas, 7850-. 146°' Street• Suite 501• Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822.3155 EFTA01198675 Manfredi, et. al. v. KobeItek, Inc., et al. Plaintiff's Complaint Page 10 of 24 52. At present, Defendants, MILLENNIUM and DANIELS owe PLAINTIFFS an amount in excess of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), not including interest and attorneys' fees and costs. 53. At present, Defendants, KOBALTEK, BAYSINGER, and JOSEPH TITONE, owe PLAINTIFFS an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), not including interest and attorneys fees end costs. 54. All demands, opportunities to cure and all conditions precedent to the bringing of this action have been performed, have occurred, or have been waived. COUNT I - CONVERSION (AGAINST DEFENDANTS DANIELS AND MILLENNIUM) 55. PLAINTIFFS repeat and re-allege paragraphs I through 54, as if fully set forth herein. 56. On February 15, 2010, and February 24, 2010, Plaintiffs, Ernesto LIEBSTER and MANFREDI SR., respectively, purchased 2,000 Model 4000 locks (hereinafter referred to as "SUBJECT MERCHANDISE") from Defendant, MILLENNIUM, and executed a personal guarantee as co-guarantors, for the SUBJECT MERCHANDISE in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A." 57. In or around March 2010, the SUBJECT MERCHANDISE was shipped to DTS' storage warehouse in Miami-Dade County, Florida. Shipping fees in the amount of ONE THOUSAND FOUR HUNDRED FORTY DOLLARS ($1,440.00) was paid by LIEBSTER. See, Exhibit "C." 58. Between April 21, 2010, and May 3, 2010, Plaintiffs, MANFREDI SR. and Ernesto LIEBSTER, paid all amounts due for the SUBJECT MERCHANDISE pursuant to the PERSONAL GUARANTEE. See, Composite Exhibit "D." The Law Office of Michael J. Reppas, 7850 146ih Street• Suite 501* Miami Lakes, FL • 330I6•Tel(305)822-8422•Fax(305)822-3155 EFTA01198676 Mani-nod!, et. al. v. Kobaltek, inc., et at Plaintiff's Complaint Page 11 of 24 59. On or about September 8, 2010, Defendants, DANIELS and MILLENNIUM converted to their own use the SUBJECT MERCHANDISE that was then the property of PLAINTIFFS of the value of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A." 60. PLAINTIFFS have made several demands for the return of the property or the value thereof, however, such demands have been futile, and Defendants, DANIELS and MILLENNIUM remain in possession of said property. 61. PLAINTIFFS were damaged as a result of Defendants, DANIELS and MILLENNIUM's wrongful retention of SUBJECT MERCHANDISE in an amount no less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00), not including interest and attorneys' fees and costs. 62. As a direct and proximate result of Defendants, DANIELS and MILLENNIUM's wrongful retention of SUBJECT MERCHANDISE, the PLAINTIFFS were required to retain the services of the undersigned attorney to recover this debt. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the Defendants, MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, a Texas Corporation, and RON DANIELS, individually, for damages in an amount exceeding ONE HUNDRED THOUSAND DOLLARS ($100,000.00), prejudgment interest, and a jury trial on all issues triable. The Law Office of Michael I Reppas,... 7850-. 146th Sueet• Suite 501 • Miami Lakes, FL • 33016•Tel(305)822.8422•Pax(30S)822.3155 EFTA01198677 Manfredi, ei. at. v. Kobairek, Inc., a at. Plaintiff's Complaint Page 12 of 24 COUNT II - CIVIL THEFT PURSUANT TO FLA. STAT. 4'772.11 (AGAINST DEFENDANTS DANIELS AND MILLENNIUM) 63. PLAINTIFFS repeat and re-allege paragraphs I through 54, as if fully set forth herein. 64. As previously stated herein, on February 15, 2010, and February 24, 2010, Plaintiffs, Ernesto LIEBSTER and MANFREDI SR., respectively, purchased the SUBJECT MERCHANDISE from Defendants, MILLENNIUM and DANIELS, and executed a personal guarantee as co-guarantors, for the SUBJECT MERCHANDISE in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A." 65. As previously stated heroin, PLAINTIFFS paid all amounts due for the SUBJECT MERCHANDISE pursuant to the PERSONAL GUARANTEE by or before May 3, 2010. See, Composite Exhibit "D." 66. Accordingly, the PLAINTIFFS had a legally recognized property interest in the SUBJECT MERCHANDISE 67. As previously stated herein, on or around September 8, 2010, Defendants, DANIELS and MILLENNIUM obtained the PLAINTIFF's SUBJECT PROPERTY with a felonious intent to commit a theft and permanently deprive PLAINTIFFS' of their rights to and benefit of said property. 68. The value of said property was ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A." 69. As previously stated herein, Defendants, DANIELS and MILLENNIUM, wrongfully and illegally converted the SUBJECT PROPERTY from the DTS warehouse in Miami-Dade County, Florida, and took it across state lines to their facilities in Houston, Texas. The Law Office of Michael J. Reppas,.. 7850 146th Steel* Suite 501. Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155 EFTA01198678 Manfredi, et at v. Kobakek, Inc., et at Plaintiff's Complain( Page 13 of 24 70. PLAINTIFFS were injured by Defendants, DANIELS and MILLENNIUM's violation of §812.014 of the Florida Statutes (2013). 71. On or around November 2012, PLAINTIFFS made a formal demand for the value of the SUBJECT PROPERTY to no avail. 72. As a result of Defendants, DANIELS and MILLENNIUM's actions, and pursuant to §772.11 of the Florida Statutes (2013), PLAINTIFFS are entitled to treble damages and reasonable attorneys' fees and court costs. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, a Texas Cosporation, and RON DANIELS, for treble damages in the amount of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) pursuant to Fla. Stat. §772.I I , prejudgment interest, an award of attorneys' fees and costs incurred as a result of bringing this action, and a jury trial on all issues triable. COUNT UT - CONVERSION (AGAINST DEFENDANTS KOBALTEK, BAYSINGER AM) JOSEPH TITONE) 73. PLAINTIFFS repeat and re-allege paragraphs 1 through 54, as if fully set forth herein. 74. On or about June 14, 2011, Defendants, KOBALEK, BAYSINGER, AND JOSEPH TITONE, converted to their own use settlement funds that were then the property of PLAINTIFFS of the value of TWENTY FIVE THOUSAND DOLLARS ($25,000.00). 75. PLAINTIFFS have made several demands for the settlement funds, however, such demands have been futile, and DEFENDANTS remain in possession of said property. The Law Office of Michael J. Reppas, 7850.. I46° Street• Suite 501• Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155 EFTA01198679 Manfredi, et. at v. Kobakek, Inc., a al. Plaintiff's Complaint Page 14 of 24 76. PLAINTIFFS were damaged as a result of DEFENDANTS' wrongful retention of said settlement funds in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00), not including interest and attorneys' fees and costs. 77. As a direct and proximate result of DEFENDANTS' wrongful retention of said settlement funds, the PLAINTIFFS were required to retain the services of the undersigned attomcy to recover this debt. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIBESTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the Defendants, KOBALTEK, INC., an inactive Florida Corporation, DARREN BAYSINOER, individually, and JOSEPH TITONE, Individually, for damages in the amount no less than TWENTY FIVE THOUSAND DOLLARS ($25,000.00), prejudgment interest, and a jury trial on all issues triable. COUNT W - CONSPIRACY (AGAINST DEFENDANTS BAYSINGER AND JOSEPH TITONE) 78. PLAINTIFFS repeat and re-allege paragraphs I through 54, as if fully set forth herein. 79. As previously stated herein, Defendants, BAYSINGER and JOSEPH TITONE, conspired against PLAINTIFFS by doing the following overt acts in furtherance of their conspiracy: A. by conspiring to divert potential insurance proceeds for the theft of PLAITNIFP's SUBJECT MERCHANDISE from DTS's warehouse; B. by forming Defendant, KOBALTEK, on or around September 29, 2010, for the purposes of using such entity as the Plaintiff in the wrongful lawsuit filed against DTS; The Law Office of Michael J. Reppas, 7850.. 146th Street• Suite 501• Miami Lakes, FL • 33016•TeK305)822-8422•Fax(305)822-3155 EFTA01198680 .e• Manfredi, el. at. v. Kobaltek, Inc., a at. Plaintiff's Complaint Page 15 of 24 C. by BAYSINGER's soliciting and hiring Defendants JOSEPH TITONE without the PLAINTIFFS' knowledge or approval, and despite their absolute protest about doing so; D. by JOSEPH T1TONE'S representation of the PLATNTIFF's company and assets without their knowledge or consent; E. by conspiring to knowingly, wrongfully, falsely and maliciously make statements to DALEY, and wrongfully informing DALEY that JOSEPH TITONE was representing Plaintiffs, MANFREDI SR and LIEBSTER against DTS regarding the stolen SUBJECT PROPERTY; F. by conspiring to knowingly, wrongfully, falsely and maliciously request that DALEY issue a new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and 'white out' Mr. Liebster's name," as such would "hold 'more credibility' and show standing in this case [against DTS];" G. by filing a lawsuit against DTS on October 29, 2010, seeking compensation for the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the DTS warehouse without the knowledge or consent of the PLAINTIFFS; H. approaching PLAINTIFFS FIVE (5) months after having already wrongfully filed the lawsuit described in the preceding paragraph, and for the first time informing PLAINTIFFS that Defendant BAYSING13R had just learned of the theft of the SUBJECT PROPERTY, and offered to assist PLAINTIFFS in making an insurance claim against DTS; The Law Office of Michael L Reppas, 7850 N.W. 1466 Streets Suite 501• Miami Lakes, FL • 33016•Tel(305)822.8422•Fax(305)822-3155 EFTA01198681 Manfredi, et at v. Kobatrek, Ine., et at Plaintiff's Complaint Page I6 of 24 I. by settling the case for insurance claims against DTS on June 14, 2011, and in spite of the fact that the PLAINTIFFS had no knowledge that such lawsuit had been filed in the first place; J. by informing PLAINTIFFS, in or around July 2011, of Defendant BAYSINGER's intention to solicit the assistance of JOSEPH TITONE in the recovery efforts against DTS, all the while having already known of JOSEPH TITONE's involvement in same, and having known of sante already having been settled; K. by informing PLAINTIFFS, in or around August 2011, that DTS offered to settle the matter for FIVE THOUSAND DOLLARS ($5,000.00), despite the fact that Defendants had already filed a lawsuit against DTS, and settled same for TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), Jive times the amount relayed to the PLAINTIFFS; L. by intentionally misinforming PLAINTIFFS, in September 2011, that he was able to secure a FIVE THOUSAND DOLLARS ($5,000.00) settlement from DTS, but that same was needed to compensate JOSEPH TITONE for his services; M. by failing to provide PLAINTIFFS with a copy of any documents whatsoever reflecting the settlement with DTS regarding the SUBJECT MERCHANDISE; N. by directing DTS to deposit the settlement funds into ANTHONY TITUNE's Trust Account; O. by perpetuating multiple frauds upon the PLAINTIFFS, DTS, and the Court in the lawsuit against DTS, by altering documents to establish standing in said case; The Law Office of ivfichsel L Reppas,W 7850 M. 146th Street. Suitc 501. Miami Lakes, EL • 33016•Tel(305)822-8422•Fax(305)822-3155 EFTA01198682 Manfredi, et. at v. Kohn!Wk. Inc., a al. Plaintiff's Complaint Page 17 of 24 P. by otherwise conspiring to knowingly, wrongfully and illegally alter documents and submit same to the Court for purposes of obtaining a settlement from DTS; Q. conspiring to obtain and retain the settlements amounts received from the lawsuit against DTS; and R. by otherwise conspiring against the Plaintiffs as described with particularity in paragraphs I tbmugh 54 above. 80. PLAINTIFFS were damaged as a direct and proximate result of Defendants, BAYSINGER and JOSEPH TITONE's conspiracy for the amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), not including interest and attorneys' fees and costs. 81. As a direct and proximate result of BAYSINGER and JOSEPH TITONE's conspiracy, the PLAINTIFFS were required to retain the services of the undersigned attorney to recover the settlement amount. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the Defendants, DARREN BAYSINGER, individually, and JOSEPH TITONE, individually, for damages in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00), prejudgment interest, and a jury trial on all issues triable. COUNT V - FRAUD (AGAINST DEFENDANTS KOBALTEK, BAYSINGER AND JOSEPH TITONE) 82. PLAINTIFFS repeat and re-allege paragraphs l through 54, as if fully set forth herein. 83. In or around September, and October 2010, and unbeknownst to PLAINTIFFS, Defendant JOSEPH TITONE contacted DALEY, and knowingly, wrongfully and falsely The Law Office of Michael L Reppas, 7850 146th Street• Suite 501* Miami Lakes, FL • 33016sTel(305)822-8422•Fax(303)822-3155 EFTA01198683 Manfredi, et al. v. Koh°lick, Inc., cl al. Plaintiff's Complaint Page 18 of 24 misrepresented to DALEY that JOSEPH TITONE was defending Plaintiffs, MANFREDI SR and LIEBSTER against DTS regarding the stolen SUBJECT PROPERTY. See, Exhibit "G." 84. In or around September and October 2010, and unbeknownst to PLAINTIFFS, and in furtherance of their conspiracy, Defendant BAYSINGER requested that DALEY Issue a new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and `white out' Mr. Liebster's name." Id. 85. Defendant BAYSINGER further told DALEY that JOSEPH TITONE believed that this new purchase order would "hold 'more credibility' and show standing in this case (against DTS]." Id. 86. On or around October 29. 2010, Defendant KOBALTEK, via Defendant BAYSINGER and represented by Defendant JOSEPH TITONE, knowingly, wrongfully and falsely misrepresented to the Circuit Court of Miami-Dade County that same had standing to file a lawsuit against DTS seeking compensation for the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the DTS warehouse. 87. In an effort to establish standing, Defendants KOBALTEK, BAYSINGER and JOSEPH TITONE wrongfully and illegally altered documents and submitted same to the Court. 88. In or around March 2011, and over FIVE (5) months after having filed the lawsuit described in the preceding paragraph, Defendant BAYSINGER knowingly, wrongfhlly and falsely misrepresented to PLAINTIFFS that he had just learned of the theft of the SUBJECT PROPERTY, and offered to assist PLAINTIFFS make an insurance claim against DTS. 89. In or around August 2011 despite having already filed a lawsuit against DTS and settled with same for TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), BAYSINGER The Law Office of Michael J. Rquiss,.. 7850 I46i° Street* Suite 501. Miami Lakes, FL • 33016•Te1(305)822-8422•Fax(305)822-3155 EFTA01198684 Manfredi, et al. v. Kobatisk, Inc., et at. Plaintiff's Complaint Page 19 of 24 knowingly, wrongfully and falsely misrepresented to PLAINTIFFS that DTS offered to settle the matter for FIVE THOUSAND DOLLARS ($5,000.00). 90. In or around September 2011, in furtherance of their conspiracy, and despite having already filed a lawsuit against DTS and settled same, BAYSINGER informed PLATTNIFFS that they were able to recover FIVE THOUSAND DOLLARS ($5,000.00) from DTS but deeded said funds to compensate JOSEPH TITONE. 91. BAYSINGER and JOSEPH TITONE made such misrepresentation intending for DTS and the CIRCUIT COURT OF MIAMI-DADE COUNTY to rely on such misrepresentations, ultimately, to the detriment of the PLAINTIFFS and DTS. 92. PLAINTIFFS were damaged as a result of DALEY, the CIRCUIT COURT OP MIAMI-DADE COUNTY and DTS' reliance on said misrepresentations, in an amount not less than TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), not including not including interest and attorneys' fccs and costs. 93. As a direct and proximate result of DEFENDANTS' wrongful conduct, the PLAINTIFFS were required to retain the services of the undersigned attorney to recover this debt. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Emesto Licbstcr, demand a judgment against the Defendants, KOBALTEK, INC., an inactive Florida Corporation, DARREN BAYSINGER, individually, and JOSEPH TITONE, individually, for damages in the amount no less than TWENTY FIVE THOUSAND DOLLARS ($25,000.00), prejudgment interest, and a jury trial on all issues triable. The Law Office of Michael 1, Reppas, 7850 M. 1460, Siftel• Suite 5010 Miami Lakes, FL • 33016•Te1(305)822-8422•Fex(305)822-3155 EFTA01198685 Mattfredl, et al. v. Kobahek, Inc., a al. Plaintiff's Complaint Page 20 of 24 COUNT VI - BREACH OF FIDUCIARY DUTY (AGAINST DEFENDANT JOSEPH TITONE) 94. Plaintiff repeats and re-alleges paragraphs I through 54, as if fully set forth herein. 95. JOSEPH TITONE is an attorney licensed to practice in the State of Florida and, accordingly, is required to comply with the Florida Bar Rules of Professional Conduct. 96. The Florida Bar Rules of Professional Conduct impose upon JOSEPH TITONE, and all attorneys licensed in the State, with a fiduciary duty to all individuals and entities they represent. 97. JOSEPH TITONE was not retained by or authorized to act as an attorney for the Plaintiffs with respect to the action styled as: Kobaltek Inc. v. DTS Direct Mail & Fulfillment SVCS. Inc., Fla., I I Cir., Case No.: 2010-58137-CA-01. See, Exhibit "H." 98. JOSEPH TITONE falsely represented to DTS and the Court, that he was counsel for the Plaintiffs in the case he prosecuted and, ultimately, settled; to wit: Kobaltek, Inc. v. DTS Direct Mail & Fulfillment SVCS, Inc., Fla., 11'a Cir., Case No.: 2010-58137-CA-01. See, Exhibit 99. JOSEPH TITONE wrongfully acquired and thereafter abused his fiduciary role as counsel for the Plaintiffs, by taking unconscionable advantage of the Plaintiffs, to their great detriment, by performing the acts identified below, inter alio : A. by conspiring to divert potential insurance proceeds for the theft of PLAITNIFF's SUBJECT MERCHANDISE from DTS's warehouse; B. by forming KOBALTEK, on or around September 29, 2010, for the purposes of using such entity as the Plaintiff in the wrongful lawsuit filed against DTS; The Law Office of Michael J. Reppas, • 1850 M. 146th Street• Suite 501• Miami Lakes, FL • 33016•Tek305)822-8422•Fax(305)822-3155 EFTA01198686 Manfredi. et at v. Kobahek, hie., el at Plaintiff's Complaint Page 21 of 24 C. by representing the PLAINTIFF's company and assets without their knowledge or consent; D. by conspiring to knowingly, wrongfully, falsely and maliciously request that DALEY issue a new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and 'white out' Mr. Liebster's name," as such would "hold 'more credibility' and show standing in this case [against WS)," E. by filing a lawsuit against DTS on October 29, 2010, seeking compensation for the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the DTS warehouse without the knowledge or consent of the PLAINTIFFS; F. by settling the case for insurance claims against DTS on June 14, 2011, and in spite of the fact that the PLAINTIFFS had no knowledge that such lawsuit had been filed in the first place; G. by conspiring with BAYS1NGER to infonn PLAINTIFFS, in or around July 2011, of BAYSINGER's intention to solicit the assistance of JOSEPH TITONE in the recovery efforts against DTS, knowing of the prior unauthorized representation in said suit and having known of same already having been settled; H. by informing PLAINTIFFS, in or around August 2011, that DTS offered to settle the matter for FIVE THOUSAND DOLLARS (S5,000.00), despite the fact that Defendants had already filed a lawsuit against DTS, and settled same for TWENTY-FIVE THOUSAND DOLLARS ($25,000.00),five limes the amount relayed to the PLAINTIFFS; The Law Office of Michael J. Reppaalg 7850. 146th Streets Suite SOl• Miami Lakes, FL • 33016•Teff30.5)822-8422•Fax(305)822-3155 EFTA01198687 Manfredi, et at v. gobakek, Inc., et al Plaintiff's Complaint Page 22 of 24 1. by intentionally misinforming PLAINTIFFS, in September 2011, that he was able to secure a FIVE THOUSAND DOLLARS ($5,000.00) settlement from MS, but that same was needed to compensate JOSEPH TITONE for his services; J. by failing to provide PLAINTIFFS with a copy of any documents whatsoever reflecting the settlement with DTS regarding the SUBJECT MERCHANDISE; K. by directing DTS to deposit the settlement funds into ANTHONY TITONE's Trust Account; L. by perpetuating multiple frauds upon the PLAINTIFFS, DTS, and the Court in the lawsuit against DTS; M. by altering and falsifying documents to establish standing in said case; N. by self-dealing; O. by converting funds belonging to others; P. failing to hold in trust the property of others; Q. by otherwise conspiring to knowingly, wrongfully and illegally alter documents and submit same to the Court for purposes of obtaining a settlement from DTS; R. conspiring to obtain and retain the settlements amounts received from the lawsuit against DTS; and S. by otherwise conspiring against the Plaintiffs as described with particularity in paragraphs I through 54 above. 100. PLAINTIFFS were damaged as a direct and proximate result of JOSEPH TITONE's breach of fiduciary duty in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00), not including interest and attorneys' fees and costs. The Law Office of Michael J. Reppas, • 7850 146th Street• Suite 501* Miami Lakes, FL • 33016•Te1(305)822.8422•Fax(305)822-3155 EFTA01198688 Manfredi, et at v. Kobaliek, Inc., et al. Plaintiff's Complaint Page 21 of 24 101. As a direct and proximate result of JOSEPH TITONE's breach of fiduciary duty, the PLAINTIFFS were required to retain the services of the undersigned attorney to recover this debt. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the Defendant, JOSEPH TITONE, individually, for damages in the amount no less than TWENTY FIVE THOUSAND DOLLARS ($25,000.00), prejudgmenynterest, and a jury trial on all issues triable. COUNT VII — CIVIL THEFT PURSUANT TO FLA. STAT. 6772.11 (AGAINST DEFENDANTS KOBALTEK, BAYSINGER AND JOSEPH TITONE) 102. PLAINTIFF repeats and re-alleges paragraphs 1 through 54, and as if fully set forth herein. 103. Tis is an action for Civil Theft pursuant to Ha. Stat. §772.11(2013). 104. Defendants, KOBALTEK, BAYSINGER, and JOSEPH TITONE, committed theft, pursuant to Fla. Stat. §812.014 (2013), by knowingly obtaining TWENTY FIVE THOUSAND DOLLARS ($25,000.00) from the PLAINTIFFS in the form of settlement funds that were then the property of the PLAINTIFFS with the felonious intent to permanently deprive PLAINTIFF of its right to said property and to appropriate PLAINTIFF'S property to DEFENDANTS' own use. 105. PLAINTIFF has complained with all conditions precedent to this claim as required by Fla. Stat. §772.11 (2013). 106. As a direct and proximate result DEFENDANTS' feloniously intentional theft, PLAINTIFF was required to retain the services of the undersigned attorney to recover this debt. The Law Office of Michael J. Reppas, 2850M. l4ek Street• Suite 501• Miami Lakes, PL. • 33016•Tet(305)822.8422•Fax(305)822.3155 EFTA01198689 Manfredi, ci. at. v. ICobaltek, Inc., et al. Plaintiff's Complaint Page 24 of 24 WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the Defendants, KOBALTEK, INC., an inactive Florida Corporation, DARREN BAYSINOER, individually, and JOSEPH T1TONE, individually, for treble damages in the amount of SEVENTY FIVE THOUSAND DOLLARS ($75,000.00) pursuant to Fla. Stat. §772.11, prejudgment interest, an award of attorneys' fees and costs incurred as a result of bringing this action, and a jury trial on all issues triable. Respectfully submitted, Law Offices of Michael J. Reppas, Attorneys for Plaintiffi? 7850 NW 146th Street, Suite 501 Miami Lakes, Florida 33016 Telephone: (305)822-8422 Facsimile: (305)822-3135 By: Michael J. Reppas II Florida Bar No. 124702 George C. Palaidis Florida Bar No. 056666 The Law Office of Michael L Reppas, 7850.. 146" Sweet• Suite 501* Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822.3155 EFTA01198690 Feb PS 2010 2103PM DSG HP LRSERJET FRX • ci eallilenWt P. 1 nii5Q24111SVABA/ME THIS GUARANTEE dated this 12th day of February, 2010. From; Ernesto Uebster end Kenneth Manfredi, (Collectively the Guarantors) To: Ron Daniels of Ultimate Lock Systems, 6150 Richmond Ave. Houston TX 77057 (The Lender) Re: Cobalt Corp (The Debtor) In Consideration of good and valuable consideration, the receipt and sufficiency of which is hereby ackn0wledged, the Guarantors jointly and severally, personally guarantees the prompt, full and complete pesfermance of any and all existing duties and obligations of the Debtor to the Lender and payment of any and all indebtedness due to the lender and the debtor (collectively the "Debt") up to a limit of $50,000. Under the terms of certain debt agreements (The Agreement) and the following terms and conditions: 1. The Guarantor guarantees that the Debtor will promptly pay the agreed amount of the debt when it becomes due according to the terms and conditions provided by the Agreement hereby acknowledged by the Lender or upon acceleration of the payment by reason of default. 2. The Guarantor further agrees not to mortgage, hypothecate or transfer any of the Guarantor's assets without the prior written consent of the Lender. 3, The Debt. in question consists of no less then 2OOO units of the taalroar rsLg5S Inventory valued et $100,000. 4. Additionally the Lender agrees to accept the remainder.of the Inventory valued at fifty ($50.) per unit as partial or complete payment In the event that'the Debtor defaults In the obligations of the Agreement for payment of the loan. The Guarantor further agrees to pay for shipping and all cost associated with returning the Inventory as payment of the "Debt'. 5. In exchange for these considerations, for the above personal guarantee, the Lender agrecs to pay the Guarantors. the Initial gross sales proceeds of Fifty ($50,000.) as payment for the EXHIBIT N'A 119 XHA 13CSRSO1 dH naa Wdei:8 Ii02 GO Int EFTA01198691 Fob 25 2010 2:03PM DSG HP LASERJET FAX consulting agreement previously signed and acknowledged by the terms and conditions stated In that agreement and so acknowledged by the Lender's signature attached below. 6. The Lender is hereby authorized at any time to Inspect the Inventory as the Lender sees fit to Insure that the terms and conditions of the loan are being adhered. 7. The Lender agrees to hold any and all remaining balance due the Guarantors In escrow after the Initial sale or the above mentioned Inventory until the entire consulting fee ($5O,OOO) is paid in full, by that agreement acknowledged here in this Personal Guarantee, Fifty Thousand Dollar, ($5O,0OO.) 8. By this agreement the Lender agrees got to comingle the Guarantor's funds associated with this personal guarantee collected with any of the sales proceeds for Ultimate Lock Systems or Millennium Lock Systems inc. These funds collected are n earmarked for payment of the Consulting Poo in this Personal Guarantee. GUARAtfvef VOA VALUE HEOMVED, the undersigned hereby guarantee earmlutely end uncondlUonelly prompt payment of the within personal guarantee and agree to pay all wet of collection and attorneys' fees, Inahred or paid by the Lander in the Wieder' and/or enforcemept at said guarantee and the enforcement of this guarantee. Signatures: cen .45t-nkA : 660 tender OATS C onswpr *Q1)/(t-ria 4/643srag. TA-no- /0 GUAIIAKTI3R DATE a•d XUd 13C2IRSU1 dH SaU MACIIZ i10a L0 Inc EFTA01198692 Statement of Rolando Martinez regarding the transportation of the stolen locks from the DTS Warehouse 5800 Miami Lakes DR, Miami Florida 33014 CASE # PD111027430601 THEFT REPORT Sergeant Ruesga MIAMI-DADE POLICE DEPARTMENT April 20, 2012 I am over the age of 21 and have personal knowledge of the matter set forth herein: To the best of my knowledge and as an employee of Millennium Lock and Ron Daniels, it was requested of me to take a truck and go to Miami from Houston to the DTS Warehouse where Ernesto Liebster had 2000 model 4000 Ultimate Locks stored and present them with documents supplied by Ron Daniels. I had originally loaded the 2000 units for shipping when they purchased the locks from Daniels warehouse in Houston and was asked to unload the locks when he received them back in his warehouse after they retumed to Houston. This Is how I know he has the original locks sold to them. This request was made on or about September 6, 2010 a few days after the death of Mr. Llebster. As a person who has worked with Mr. Daniels and knew of the sale of these locks to Mr. Manfredi and Mr. Liebster I refused to take pad in this request. I believed that they, Manfredi and Liebster, had purchased the locks and that Mr. Daniels no longer had ownership of these locks. I believed this because Manfredi and Liebster had arranged shipping for the model 4000 locks to their warehouse some month earlier and were seliklg these locks to their contacts in Jamaica. As I told Agent Dillon of the Houston Bureau of the FBI, in July of 2011, I did not want to be pad of any theft charges that may arise as a result of this action. Also I felt taking these locks across state lines could result in a Federal Felony charge and wanted no part of what Daniels had planned. After this I found out that he hired a trucking company to pick up the locks from that warehouse and made Manfredi aware of his actions. Mr. Manfredi and Mr. Liebster were planning to buy tho remaining model 4000 inventory from Daniels as per their conversations that I witnessed by being in their company on many occasions during their time with Daniels discussing their international business. It was also my belief that Ron Daniels had no ownership or partnership with Liebster or Manfredi based on those same conversations and Ron Daniels wanting to liquidate this old inventory for some time. I did witness the personal guarantees that they signed for the inventory and felt that they were the legal owners of this merchandise. I can be contacted for additional information on my knowledge of this event given freely and with my consent this day of April, 2012 Rolando Martinez EFTA01198693 Menu - Schedule A Kobaltek, Inc. Description of Services and Pricing Schedule Product Receiving :lb receive materials, verify quality and quantity, add to physical inventory, add to computer Inventory, and notifr client (IfSolid containers are received, add S10 per pallet breakdown charge) 813.00 per pallet (or part thereof) Order input from fax or other bard copy, if not electronic file $1.25 per order Order Processing including download offies in an electronic-compatible format, printing Pick & pack slip, pickpack and quality check operations and shipping I prepackaged item, (Does not include any shopping cart or credit card processing functions) Option: If additional items are included in same order . odd per item (not boxed) Bulk Orders: Pre-packed Cartons Includes pick & pack slip, pulling pre-packaged Carton, and preparing label for shipment. Pallet Orders: Pre-packed Cartons Includes pick & pack slip, pulling palletised cartons, and preparing label for shipment. Pallet Storage: Storage in our secured warehouse, including monthly inventory report. Returns Handled complete $1.95 per order 51.00 each item $4.95 per box $45.00/pallet $24.50 per pallet per month $4.95 each leroductPackacinglqateriaLswhiaineeded Cost plus 20% W/7010 zone abed 900a EXHIBIT I ' c SUT1130 LO:Zi LOOZ/OE/TO EFTA01198694 Menu - Schedule A Shipping Carrier Charges Client will provide r i party billing information $200 Postage trust for PO Box Shipments NOTE: No COD Orders or Shipments will be processed Kitting & Assembly Ta be quoted on an as-needed basis, Reporting: Standard Monthly Reports No Charge Monthly Service Minimum $250.00 Set Up Fee $250.00 (Excluding Computer Programming) Monthly Coordination & Database Management Fee $200.00 Trust Postage/Freight An advance trial account Is required to cover an estimated 0 weeks of usage, unless third party billing. This will be audited and adjusted on an on-going basis. Recycling To take existing inventory and chummier or recycle. S 50.00 per pallet (or part thereof) Order Processing Times: Standard Orders are processed by end of next business day after receipt. Rush Orders: Every effort will be made to handle RUSH ORDERS in the requested timeframe, however will not be guaranteed. Average UPS charge for 5 lbs. to Chicago is 57.32 so we recommend you use $14.95 for shipping and handling for 1 unit and $4.00 per added unit. Orders will be held in our secured facility and only released upon receipt of an electronic order file or an email with all details from a pre-authorized individual only. DTS Direct M & m• lfillmcnt, Inc. Kohaltek, ti d o Larry ussel orp Ernesto liebster Date: AAA 240 Date: 1 1O 3nnoto Z0/Z0 abed 000% Initial I SUIT 130 20:ZI LOOZ/OE/10 EFTA01198695 04/10/12 OS: S6Pli DDG P P ADS p.et Bank or America I Online Banking I Transaction Image Print Bank of America 4, Page 1 of 1 Online Banking PLUM PADS ; Chock Imago Chock Imago: ON DPW IAD PLUM PADS linaiffikvoinno noustOm.nt Mc* 64#34 Sheik. /14/2nistqtts BankoMmorica Kmonothotain in 130000 P1 TY" r iti 1952 SAbOitlig: TIMM r$7tri ;00 li If its I. .; 'A crib aitylook ,....1 -, 53`afg,:t nit trio tonwi).t.n . 4tIblageer-Y 'life t<ntil • • tit. . !! Ian 4.. Vii:144 3: 1 I itim4, illt1 4314V^ LI • ettigetit • • . • 503001707 I _ • r ie 00001000000e https://onlineeast2.bankofamerica.comic,gi-bin/ias/A/17/AccountDetailsCon EFTA01198696 04/10/12 00: S6P1I DDG PPADS p.02 Bank of America I Unline Banking lir ri Image Print Page 1 of 1 / Bank of America'.0' Online Banking PLUM PADS: Chock Image Chock Imago: DM PLUM KWIS DEVON (MOP LLA 4.0 144*NOWII wow, to vItn/110 HataTX MOS _21/42.4e00, kvv- rtifi(84,...unat Look_ lk is& '7E j .... Satifrof America e AnINI lila t.1611 1350 & 30000 334 i••••••% u9• 'If wrepedii Ae: t 1:4 ty r: I: r sI g I '2 iF "` 9: L-11.• . ; 1 . . 90090t101a 04-20.< tap13392 State Bank 2010- • • UMW'. OSP hups://onlineeast2.bankoftunerica.com/cgi-bin/ias/A/12/AccountDetailsCon... 10/4/2010 EFTA01198697 Electronic Articles of Incorporation For KOBALTEK, INC. P10000079460 FILED September 29, 2010 Sec. Of State Jshivers The undersigned incorporator, for the purpose of funning a Florida profit corporation, hereby adopts the following Articles of Incorporation: Article I The name of the corporation is: KOBALTEK, INC. Article II The principal place of business address: 1830831 PINES BLVD #1 PEMBROKE PINES, FL. 33029 The mailing address of the corporation is: 18331 PINES BLVD #108 PEMBROKE PINES, FL. 33029 Article III The purpose for which this corporation is organized is: ANY AND ALL LAWFUL BUSINESS. Article IV The number of shares the corporation is authorized to issue is: 500 Article V The name and Florida sheet address of the registered agent is: ADVANTIUM GROUP VENTURES, LLC 18331 PINES BLVD #108 PEMBROKE PINES, FL. 33029 EFTA01198698 I certify that I am familiar with and accept the responsibilities of registered agent. Registered Agent Signature: DARREN BAYSINGER Article VI The name and address of the incorporator is: ADVANTIUM GROUP VENTURES, LLC 18331 PINES BLVD /108 PEMBROKE PINES, FL 33029 Incorporator Signature: AVANTIUM GROUP VENTURES Article VII The initial officer(s) and/or director(s) of the corporation is/are: Title: P ADVANTIUM GROUP VENTURES 18331 PINES BLVD, #108 PEMBROKE PINES, FL. 33029 Article VIII The effective date for this corporation shall be: 09/22/2010 P10000079460 FILED September 29, 2010 Sec. Of State Jshivers EFTA01198699 04/27/2012 14:51 5614328891 Kenneth Manfredi 1449 Heights Blvd, #111 Houston, TX 77008 Attention Mr. Kenneth Manfredi RE: Joseph J Titone; RFA No.12.16211 April 23, 2012 UPS STORE 3523 PAGE 01/01 Dear Mr. Manfredi: I read your Florida Bar complaint. RE: no. above, and have the following to offer as to what took place between Mr. Baysinger and Mr. Titone after Ernesto Liebster's death. I have the following recollection of the facts as they relate to my conversation with them regarding Kobaltek Inc, Emesto's Company, end reference PO #00987345: After Mr. Liebster's death I received a call from Mr. Titone requesting a copy of the PO above, for which I sent to Titone's partner Darren Baysinger. He said that he was representing Mrs. Liebster arid Mr. Menfrtwil In a case for damages for the missing locks they had stored in a warehouse in Miami. He further went on to explain that he was working with Mr. Baysinger who was helping Manfredi and Llebster gather information for a deposition with DTS, the warehouse In Miami. Upon receiving the PO Mr. Baysinger requested that I add his name to the contact line and white out" Mr. I .iebster's name. He specifically stated that Mr. Thong said it would hold "more credibility' and show standing in this case, if I altered the PO to reflect Raysinger's name instead of Liebster's name on the PO for the model 4000 Millennium Lock we were selling in Jamaica. The copy of the PO you sent me is the original, clearly showing Liebster's name as the contact and any copy after this one would be a counterfeit. i felt it dishonest to accommodate Mr. Titone and Mr. Baysinger in their request for altered documents and so refused to do so. Any and all documents that I had in this matter were signed by Mr. Liebster and any and all conversations prior to his death were with Mr.Manfredl or Mr. Llebster. I did not know who Mr. Baysinger was and Mr. Uebster never mentioned his name as a confect for this order. I did know of Mr. Titone based on my previous residence in Ft Lauderdale and his history of being disbarred in the early 1990's. I did not know he was still practicing law in the State of Florida until I received his call about the documents in question. The above statement is of my own feel will and as per your request for my recollection of the circumstances that I personally witnessed as the sates agent for Mr. Llebster concerning this order and the events that followed with Mr. Titone end Mr. Liebster. I am available for any questions you may need concerning my business with Mr. Llebster and this PO we had for the sale of the locks to Jamaica. Sincerely, Sherman Daley EXHIBIT gip EFTA01198700 0 Item(s) in Basket HARVEY RUM oflfie COURTS MIAMI-DADE COUNTY, FLORIDA Home Online Services About us Civil / Probate Justice System - Docket Information BACILICISEAtiCaRESLILIS All PARTIPS KOBALTEK INC vs D T S DIRECT MAIL & FULFILLMENT SVCS INC 'Glick on BOOKIPAGE of a particular docket to coo the Imago it it Is avallabIe • Case Number (LOCAL): 2010-58137-CA-01 Dockets Retrieved: 30 Case Number STATE : 13-2010-CA-058137-0000-01 Contact us START A NFUtiSPARCH Filing Date: 10/29/2010 Judicial Section: 02 Date Book/Page Docket Entry Comments 08/1412012 ORDER: TO DISMISS FOR LACK OF PROSECUTION 05/25/2012 2Rlaj /UST Pe0e4 I VOLUNTARY DISMISSAL BK:28131 PG:3467 DN01 04/26/2012 FWOP NOTICE GENERATED 08/07/2012 03:00 PM 05/24/2011 TEXT AM. WITNESS LIST 05/24/2011 NOTICE OF ANSWER TO INTERROGATORIES _3/12/2011 NOTICE OF INTERROGATORY 05/02/2011 EXI IIBIT LIST PLAINTIFF 05/02/2011 WITNESS LIST PN01 05/02/2011 WITNESS LIST PN01 EXPERT 04/22/2011 RESPONSE TO REQUEST FOR PRODUCTION 04/19/2011 NOTICE OF TAKING DEPOSITION 04/05/2011 ORDER SEEING NON-JURY TRIAL 07/26/2011 02:00 PM 04/04/2011 RESPONSE TO REQUEST FOR PRODUCTION 04/04/2011 ORDER: ORDER DENYING MOTION FOR DEFAULT 03/10/2011 ANSWER AND AFFIRMATIVE DEFENSE ATTORNEY:00203882 PN01 03/1012011 NOTICE OF JURY TRIAL : M 03/09/2011 REQUEST FOR PRODUCTION 02/23/2011 ANSWER ATTORNEY:00882186 ON01 02/22/2011 SUBPOENA RETURNED 02/112011 NOTICE OF TAKING DEPOSITION `2/11/2011 ORDER: AGREED ORDER SETTING ASIDE DEFAULT 01/31./2011 NOTICE HEARI MOTIONS 02/09/2011 10:00 AM 01/14/2011 ORDER: EXHIBIT 1 %% 41 if RDER GRANTING MOTION FOR DEFAULT EFTA01198701 01103/2011 ORDER OF DEFAULT DN01 12/10/2010 r MOTION FOR DEFAULT 11/05/2010 SERVICE RETURNED BADGE # 1570 P 10/29/2010 DN01 3/29/2010 DEMAND FOR JURY TRIAL 10/29/2010 SUMMONS ISSUED ON01 10/29/2010 CIVIL COVER 10129/2010 COMPLAINT WA< SFARCH RFCIII TA 30141755 al I PARTIES START A WRIA/ CFARe.H CLIALSAAttbii000AI CilliaCMIAJALOURaliAn I EMAIL I beat Hole I 1111rAney getPtrIPat 1 01,1%ifne ir,nlar% II% I Aamit tIs littn DAD 2008 Cleh of the Cowl. All MOW iesamed. EFTA01198702 PLAINIIWINS), vs. Wft&E' t 6/itel I r/Witi -161Aer DEFENDANT(S), \-C. IN TIM CIRCUIT COM 01% URANIA% MICK, mum IR MAD VOR D ADE COWIN 31,01,41* GENERAL JURISDICTION DIVISION CASE NO.: 1O4 56 LA MEDIATOR'S REPORT AND SETTLEMINT AGREEMENT (CIVIL) FLORIDA DAR NO.: 354929 This Civil action being referred to Mediation by Stipulation of the Parties pursuant to P.S. 44.1101-102 and th applicable INIMI and being heard before the undersigned Mediator on the I y day of 201 I. The Parties stipulate and agree to the following matters and/or Issues: SEE EXHIBIT "A" ATTACHED IlEftETO AND INCORPORATED HEREIN Plaintiff(s) agrees to execute any Release form generally required to be executed In settlements of disputesof this nature. Each party shall bear their respective attorney's fee and costs. 00 Plaintiff(s) and, counsel agree to PrtunpUy pay outstanding mediation, few of 371_ tje Defendunt(s) and counsel agree to promptly pay outstanding mediation fees of tr.; D All manors raised at the conference remain privileged, unless otherwise agreed to by all parties. Dated this it day of _jag__ , 201.L. Lvauric L, Riemer, Esquire, Mediator/Arbitrator The foregoing report and agreement is stipulated and agreed to by the undersigned. Plaintiff(s) Counsel Dated this a day of I tAA-C Copies to Counsel ( b //y. / 11 ) I 0 • d 201 t Defendant(s) Defendant(s) Cou Dated this _Bday of SaVold eau 2011 EXHIBIT %% of s EFTA01198703 ( Jr N m. LA 01 Er-zgi• / 171- p 4 .01 40, drCS 7 ca I * • ene.,th M r 74, tat seire, Ek-arY 7c. - teXtbeter .474 avv•Vtite 1e-7:17-Je rp arm 4 tOr VT— vas ge'd LOOLLSEtt, emu MY Wang ///// tee EFTA01198704 Rpr 1.1 2013 11231311 Anthon1 J T1Lone ESO. 9543456633 P • 1 -SSW/OP? ,.%24nsb ATTORNEY AND COUNSELOR AT LAW 111931 N. UNIVERSITY DRIVE SUITE 101 CORAL SPRINGS, FLORIDA 33007 CIVIL TRIAL LAWYER CERTIFIED MEDIATOR CERTIFIED ARBITRATOR April 11, 2013 TELErtioNE (01:14) 345.0055 FACSIMILE (004) 3450633 appabasoUth.nel FLORIDA BAR 1071 NEW YORK DAR 1070 PV.DERAL BAR 1974 TRIAL BAR 1983 Michael J. Reppas II Esq. 7850 NW 146'h Street Suite 501 Miami Lakes FL 33016 SENT BY FAX AND REGULAR MAIL Re: your file #2071-001 Dear Mr. Reppas, Find herewith my affidavit and all my records attached thereto as you requested In yours of April 11, 2013. Call me if you have any questions. Sincerely yours, Anthony J. Titone EXH(BJT im post 4r, VISIT OUR WED SITE AT: tWAILSROMOV51011CLSOrn EFTA01198705 .npr 11 2013 1:29PM Finthonu J Titono ESQ. 9543456633 p.2 AFFIDAVIT OF ANTHONY TITONE State of Florida County of Broward That I Anthony Titone state under oath the following: 1. That I have continuously been a member of the Florida Bar since 1971. 2. That I am a sole practitioner with offices in Coral Springs Florida. My practice consists of civil litigation work along with my work as a certified mediator and a qualified arbitrator. I have maintained my own trust account since the beginning of my practice. My brother Joe Is also a lawyer; his practice Is mostly on criminal cases and he does not have a trust account. 3. Of the parties set forth in the draft complaint under file #2071-001, I know Kenneth Manfredi Sr., Darrin Baysinger and my brother Joe. I have no knowledge of the business transactions alleged in the draft and did not participate in any way in the alleged transactions or the underlining lawsuit that is described in the draft complaint. 4. I did not assist Joe Titone In his representation of Mr. Baysinger or Kobaltek in the litigation with DTS. 5. I first became aware of the Kobaltek/DTS litigation when my brother Joe(in June of 2011) asked me if it was ok to use my trust account for the• distribution of any settlement proceeds from said lawsuit. I said It would be ok as long as his client agreed. 6. On June 24, 2011 I deposited the settlement proceeds ($25,000.00) into my trust account and set up a trust account ledger for the deposit. See attached exhibits. 7. On July 1, 2011.1 met with both Joe and Darrin and distributed to them EFTA01198706 llpr 11 2013 1:25PM HrithonN J Tltone ESO. 5543456633 p.3 the entire settlement proceeds of $25,000.00. See aftached copies of checks #1495 and 1496 accordingly. Both checks cleared for payment from my trust account on my July 2011 statement, 8. That In late January 2012 I received the attached correspondence from Cristina Liebster dated January 23, 2012 (attached to this correspondence was the mediator's report and settlement agreement entered Into between Kobaltek & DTS.) 9. I did not respond to Cristina Liebster's correspondence of January 23, 2012 and I did not discuss its contents with my either Joe or Darrin. 10. On April 5, 2013 I received a copy of a draft complaint naming me as a possible defendant in a lawsuit under file #2071-001. 11. On April 8, 2011 I researched my files and sent my correspondence to Attorney Reppas dated that same day. 12. I am herein sending this affidavit in response to correspondence received from attorney Reppas dated April 11, 2013, 13. The above Is all I know regarding this matter and describes my entire Involvement In the matter. FURT ER AFFIANT SAITH NAUGHT Wet -f Antho Titone FBN 139524 SWORN TO AND SUBSCRIBED before me this 11' day of April 2013. Afflant erionally wn to me. Notary ublIc St of Florida. EFTA01198707 9543456633 Anthonu J Titonc ESQ. C. C7 N O N L O. 0 O I .... i t. . . . :.' Th--. 2 ez; CURRENCY v, % kilfal 3. .... .., • - _ . _ . . • .1 ...2 . 2• 42 • 2g= 2 tt . 2. 2.• 2 A 2 2:2. 2 71 bi g NIP" 11TOYE ATTORNEY AT LAW BankofAmerica _ _ IOTA TRUST ACCOUNT 7O1 WEll OAKLAND PARK SOC. St.M. I It CT. LAUDEROAR. R. Sca IMP] i Identet 0IC AcOVI *ovum 1:54DS9010E;I: 0036642713729' /mu RAMS L se OD a H Crlin rain owns...* cm M.O.. Calarfe IM feta ••••R webA. P.I. w 0a. 0IX .010... INSiW9 sweet t• manfatans I:ITS-EINEM/MLA FULFILLMENT . - -..orseRAmis ACCOUPC • -200 CIFIME DaVEN0RTN• • - • . PISCK:AWAYMJ MSC .WWORRAPI CHASE BANK NA I-22IC _ - -*ninon y Trtoke-Trust Account - Frye Thousartd44(34C0/100.-^-"•--•••"•••••••••—••• •—•-•-•-••• _ . . . . . ."'"^ "''''—••- easo.ms 5 ,te " •••- -Atttirney OiSouthEastr5th Street Pecopeno:Beach.A.. 33060 1907 6432011 MEMO N'OCIL9071' 21000D 2 Li: 13 38-1 2365 '25.000.00 EFTA01198708 Apr 11 2013 1:29PM 0mthons J Titone ESQ. 9543456633 p.5 ci Z t' t Iii .Z c i'- ',-...... li Li c 1, 1 757 - - , - - I I r a--- 1...... i I i .. * i( ts .• —.-.‘ I., .... .._.1_ 1.-4, to ‘ . i 11.1 m . •+., ‘:-...N.1 ..... N.. I:CIt "AeC t t . ... 2 ti _ lai ,....y) .74 r•••• - ow, Y N•w• • yte mon VOCJOA • MS t 0441 *II EFTA01198709 flpr 11 2013 1 :;e0PM HnthanH J I ttone Eb0. 9543456633 P • G • • . ‘.• • • . • • • ••••••• ••• A. • BM, ait • • • I I. eve •••11;•. • •;- • . • ••••.•• .Ing••• e I. • en.. •• :st ntia :74t; TO I" • • I 7 • •.• • •••• •• g• ...II a !••••'". • . 1/4 1., 1 , • •• OS • • us I • ?it . . • Oran . , • . • 1:12.• • . • •••••. • •• • • no...In sol •.••• • .. • ' 1' 1.1.. .2:1Z: G:w'l•4. •.• :7 •••,...0•::. • ietect161.FJP-tj. •••• •••• •••••••••••• • IF• • • •• e ". • • - ^ , • • , ' 6 , • , . • PIN • • • • ;ear , S. .ng. • • "): •••••• • .ty i . _ ;1•1:'•• • Lo • • to • ". ../72.- if tern • •••••••••• • .3 • • s. • - . . : ▪ • . • oah▪ .. • . • ro..7 r • •• • • • •• • • - • ra • _ • . . •••• LI*,: • • ` • • • • t. • " • •"" " "*" ""‘"'• • " • t.! ' 'MS. • Ann • -•. • .Z.•• • • • • •••• 'Haan' •••••••"'"• `••••• , •••••••• :•••••••••••.*: -•::•• 'sr . • . • :• • • •• . • • Io• • 2 • • • • : • .•'•, I • EFTA01198710 npr I I ?013 Anthony 3 Titone ESQ. 9543456633 p.7 .. •”••••••••• ...... ••• ••••• EFTA01198711 Apr 11 2013 1:30PM Anthonu J Tltone ESU. US434SGS33 p.0 Mr. Darren BaysInger Mr. Joseph Tltone, January 23, 2012 After speaking to Chris Trainor, CFO of DTS, in New Jersey, I have received confirmation on a settlement that was made to Joseph Titone on your behalf. The settlement amount of $26,000.00 for equipment owned legally by Ernesto Llebster was sent to Anthony Titone's Trust account on behalf of Joe Titone and Kobaltek. My dad's estate has notified Mr. Trainor that DTS was the victim of a hoax perpetrated by you and Tltone. Mr. Trainor has offered to help us recover the money sent to Anthony Titone's Trust Account; which Mr. Goldstein found strange being that the Titones do not practice out of the same office. Additionally I spoke to Mark Goldstein, DTS attorney, who confirmed the fact that he though the whole'procoss was a sham, based on the "doctored" documents that you provided at the depositiona. Against Mr. Goldstein's advice, Chris Trainor thought It best to give you 26,000, to settle the matter. Mr. Goldstein has been most cooperative and had provided us with the documents from the lawsuit filed by you and Tltone. As both you and Joe Titono know, by Florida Law, after Ernesto's death, MI property of the decedent goes to the wife, CriatIna Llebster who had extended no permission to you or Titone to file the lawsuit or act as an agent/representative for the estate of Ernesto Liebster or on her behalf. We both know that Kobaltek was formed after my father's death for the purpose of trying to show that you had standing In the case; which would not have mattered anyway. I have a copy of the corporate filing for Kobaltek that proves this was the case. In addition we also notified the defendant that Kobaltek was not the owner. The fact remains that lawsuit was filed fraudulently and with the purpose to further defraud the Llebster's of money owed to them for the theft of equipment by Ron Daniels of Millennium Look Inc, for which you or Kobeltek had no ownership. Please see the attached settlement document which supports our claim. The estate has received nothing and all my calls have been ignored by you and Tltone. By receipt of this letter, you are hereby notified that we are demanding restitution for the money received by you from this settlement. Per the advice of counsel, the estate is extending to you the opportunity to make things right In this matter for a period of 48 hours after receipt. If the estate does not receive a response or restitution In this timeframe or you decide to Ignore our request for what Is rightfully ours we'll assume that you have no Intention to correct this situation and act accordingly by Florida law. EFTA01198712 .Apr .11 2013 1:3IPM Anthony .1 T1tone ESQ. 95434SSS33 p.9 Please govern yourself accordingly. Cristina Liebster 1788 Willow Ave Little Compton, RI 02837 Cc: Anthony Titone PA, Mr. Chris Trainor, DTS CFO, Mark Goldstein PA, Ms. AshII Ayor PA Houston. TX EFTA01198713 Apr 11 2013 1t31PM Anthons J Titone ESO. 0543456633 p.!O 1;064 [1-a- PLAINTE7F(S), vs, ~ pT • .) (( t. (\V I I ll-MI)f)%44. .5.60AC12.4' DEFENDANT(S), IN THE CIRCUIT COURT OF TEE RI-EvEnni JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA OENERAL JURISDICTION DIVISION cast No.: ID- 951T-I 0/ MEDIATOR'S REPORT AND SETTLEMENT AGREEMENT (CIVIL) FLORIDA PAR NO.: 35490 This Civil action being referred to Mediation by Stipulation of the Parties pursuant to F.S. 44.1101-102 and thy applicable a and•being heard before the undersigned Mediator on. the It day of sjmj , 201 j. The Parties stipulate and agree to the following matters, and/or issues: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN Plaintiff(s) agrees, to execute any Release form generally required to, be executed in settlements of disputesof this nature,. Each party shall bear their respective attorneri fee and costs. • Plaintiff(s) and counsel agree to promptly pay outstanding mediation fees of S 7V ..e .• Defendant(s) end counsel agree topreroptly pay outstanding mediation fees o(! Yft All Matters raised at the conference remain.privileged, unless otherwise agreed to byall parties. Dated this l j day of j P. , 201L. .„k.A. uric L. Rimer, EsqUire, Mediator/Arbitrator The foregoing report and agreement is stipulated and 'weed to by the undersigned. Plain 'ffs) Pinball's) Counsel Dated this a day of i t,44.4.. 201 l Copies to Counsel ( 0 fly / n) Dated this ll day of titAA.s. 201 EFTA01198714 flp,11 2013 1. 31PH fint.homm J Tltene ESQ. 9543456033 p.11 . 6,1- A • • • cac., Via. s~oa • (o- 5807. ch of eete.e.N . 7..3s17.". • .:; .6i4 A i''..?5_<-7;0'" . . EFTA01198715